Stalking no Brasil: uma análise dos aspectos psicológicos e jurídico-penais

Abstract

Stalking consists of an unwanted pattern of repeated and persistent harassment behaviors toward a specific person, such as unwanted contacts, physical proximity, surveillance, sending objects, threats and injuries. In some cases, it culminates in physical or sexual assaults, and even in homicide. It occurs especially after an intimate relationship is broken, but it can also occur in other contexts, e.g. celebrities' harassment. The majority of stalking victims are females, and males are more likely to be perpetrators. In some cases, stalkers have mental disorders, like erotomania and personality disorders. It often causes damage to psychological health and lifestyle disruptions, and involves risks of persistence, recidivism and violence. Concerning criminal matters, we have found that stalking is a global phenomenon from longtime, and it is a crime in many countries. The most of criminal laws and studies have emerged after 90s. Criminal anti-stalking laws of United States, Australia, Germany, Italy and United Kingdom, among other jurisdictions, were reviewed in this research. In Brazil, there are a few studies about the subject-matter. Beyond that, stalking is not a crime in this country. However, the perpetrator can be liable of misdemeanor of disturbing the peace, criminal threatening, bodily injury, libel and defamation, among other criminal offenses. Stalking is mainly a kind of psychological violence associated with domestic and family violence against women in many cases, and Maria da Penha Law can be applied to them. There are two bills that seek to criminalize stalking in Brazil, and it has been included in the Draft New Criminal Code art. 147, which nomen juris is “obsessive or insidious pursuit”. On the methodology used in this study, a bibliographical research was performed, using books, dissertations, government reports, newspaper articles and scientific articles by national and mainly foreign relevant authors as source. Legislative and jurisprudential researches were performed too.