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CriminalizaĆ§Ć£o do stalking no Brasil
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Abstract(s)
Stalking, termo em inglĆŖs, que traduzido ao portuguĆŖs Ć© perseguiĆ§Ć£o e que no contexto jurĆdico Ć© abordado como perseguiĆ§Ć£o insistente ou reiterada. A presente dissertaĆ§Ć£o farĆ” uma anĆ”lise do fenĆ“meno do stalking, abordando acerca da conceituaĆ§Ć£o da conduta, alĆ©m dos tipos de stalkers, das vĆtimas e das consequĆŖncias relacionadas aos atos do stalker. A conduta passou a ser relevante ao estudo do direito penal, inclusive da criminologia, sendo criminalizada em diversos paĆses e mais recentemente no Brasil, atravĆ©s da Lei 14.132/21. Trata-se de um estudo para analisar como a conduta do stalking era tratada penalmente no Brasil, atravĆ©s da anĆ”lise de jurisprudĆŖncias, decisƵes judiciais e tambĆ©m para trazer alguns apontamentos acerca da Lei 14.132/21, comparando-a com legislaƧƵes dos demais paĆses. Para tal, com base no mĆ©todo de anĆ”lise documental, procedeu-se ao estudo de dezanove decisƵes judiciais brasileiras acerca do tema, dos anos de 2015 Ć 2020, anteriores a publicaĆ§Ć£o da lei, com o objetivo de verificar como os tribunais brasileiros vinham enquadrando a conduta de perseguiĆ§Ć£o, o perfil das vĆtimas e agressores, se eram concedidas medidas protetivas Ć s vĆtimas ou nĆ£o, se os agressores eram encaminhados Ć cursos como medidas educativas ou nĆ£o e quais as penas vinham sendo aplicadas a estas condutas. Foi possĆvel verificar que em todos os casos estudados as vĆtimas eram do sexo feminino e os agressores do sexo masculino, que em todos os casos a conduta foi enquadrada no art. 65 do Decreto Lei 3.688/41, contravenĆ§Ć£o penal de perturbaĆ§Ć£o Ć tranquilidade, em alguns casos cumuladas com outros crimes. Verificou-se tambĆ©m que 84,22% dos casos ocorreu em contexto de violĆŖncia domĆ©stica e familiar contra Ć mulher. Conclui-se que a resposta punitiva Ć conduta de perseguiĆ§Ć£o, estava aquĆ©m da expectativa das vĆtimas e da sociedade brasileira em geral, que nĆ£o hĆ” nenhum tipo de encaminhamento do agressor a cursos e/ou palestras como medida educativa e que a Lei 14.132/21, apesar de ser a mais recente, dentre os paĆses que criminalizaram a conduta, ainda foi publicada de forma incompleta e genĆ©rica.
Stalking, a term in English, which is translated into Portuguese as persecution and which in the legal context is approached as persistent or repeated persecution. This dissertation will analyze the phenomenon of stalking, addressing the conceptualization of conduct, in addition to the types of stalkers, victims and consequences related to the stalker's acts. The conduct became relevant to the study of criminal law, including criminology, being criminalized in several countries and more recently in Brazil, through Law 14.132/21. This is a study to analyze how the conduct of stalking was criminally treated in Brazil, through the analysis of jurisprudence, court decisions and also to bring some notes about Law 14,132/21, comparing it with legislation from other countries. To this end, based on the method of document analysis, a study was carried out of nineteen Brazilian court decisions on the subject, from the years 2015 to 2020, prior to the publication of the law, in order to verify how the Brazilian courts had been framing the conduct of persecution, the profile of victims and aggressors, whether protective measures were granted to the victims or not, whether the aggressors were referred to courses such as educational measures or not, and what penalties were being applied to these conducts. It was possible to verify that in all the cases studied the victims were female and the aggressors were male, that in all cases the conduct was framed in art. 65 of Decree Law 3.688/41, criminal misdemeanor of disturbance to tranquility, in some cases combined with other crimes. It was also found that 84.22% of the cases occurred in the context of domestic and family violence against women. It is concluded that the punitive response to the conduct of persecution was below the expectations of the victims and of Brazilian society in general, that there is no type of referral of the aggressor to courses and/or lectures as an educational measure and that Law 14.132/21, despite being the most recent among the countries that criminalized the conduct, it was still published in an incomplete and generic way.
Stalking, a term in English, which is translated into Portuguese as persecution and which in the legal context is approached as persistent or repeated persecution. This dissertation will analyze the phenomenon of stalking, addressing the conceptualization of conduct, in addition to the types of stalkers, victims and consequences related to the stalker's acts. The conduct became relevant to the study of criminal law, including criminology, being criminalized in several countries and more recently in Brazil, through Law 14.132/21. This is a study to analyze how the conduct of stalking was criminally treated in Brazil, through the analysis of jurisprudence, court decisions and also to bring some notes about Law 14,132/21, comparing it with legislation from other countries. To this end, based on the method of document analysis, a study was carried out of nineteen Brazilian court decisions on the subject, from the years 2015 to 2020, prior to the publication of the law, in order to verify how the Brazilian courts had been framing the conduct of persecution, the profile of victims and aggressors, whether protective measures were granted to the victims or not, whether the aggressors were referred to courses such as educational measures or not, and what penalties were being applied to these conducts. It was possible to verify that in all the cases studied the victims were female and the aggressors were male, that in all cases the conduct was framed in art. 65 of Decree Law 3.688/41, criminal misdemeanor of disturbance to tranquility, in some cases combined with other crimes. It was also found that 84.22% of the cases occurred in the context of domestic and family violence against women. It is concluded that the punitive response to the conduct of persecution was below the expectations of the victims and of Brazilian society in general, that there is no type of referral of the aggressor to courses and/or lectures as an educational measure and that Law 14.132/21, despite being the most recent among the countries that criminalized the conduct, it was still published in an incomplete and generic way.
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Keywords
Stalking CriminalizaĆ§Ć£o Lei 14.132/21 Criminalization Law 14.132/21