Criminalização do stalking no Brasil: análise do artigo 147-A do código penal em face do direito à privacidade

Abstract

With the creation of Law nº 14.132/2021, which introduced article 147-A in the Penal Code, the conduct of stalking was typified with the nomen iuris crime of persecution. This obsessive or insidious persecution, practiced by the person known as a stalker, consists of the invasion of the victim's privacy through repeated acts, which can be practiced in multiple ways, including through virtual means, which is called cyberstalking. Throughout this article, we aimed to detail the main characteristics of this phenomenon, analyzing the existing concepts of stalking, identifying the various types of behavior that characterize it, describing the profiles of stalkers and victims, investigating the procedural aspects of this new crime, in addition to pointing out the serious consequences on the victims' lives and dignity. Furthermore, research was also done on stalking in comparative law, more specifically in the United States and in some European countries, which have already had anti-stalking legislation for decades, which can serve as a reference for our internal legal system. Finally, the right to privacy and other related fundamental rights were studied, in order to show how these institutes are indispensable for the development of human dignity. However, stalking conducts hurt most of the values and principles protected by such rights, which demonstrates the necessity and relevance of the new Law nº 14.132/2021 to ensure citizens' privacy more effectively, due to the new social and legal demands.