Criminalização do stalking: uma análise sobre a (im)possibilidade de enquadramento na Lei Maria da Penha

Abstract

The advent of Law no 14.132/2021, which inserted Article 147-A into the Penal Code, defining the conduct known as stalking with the nomen iuris crime of persecution has generated some doubts in the doctrine about its applicability. As a result, Criminal law experts have been diacussing on the limitations of the enforcement of this new penal type, and, because of that, the present work addresses the analysis of stalking in the scope of Maria da Penha Law. This monograph targets the criminal law doctrine that has been discussing the possibility of applying the crime of persecution in the perspective of domestic and family violence against women. The objective of this monograph is to analyse if the crime of persecution, foreseen in article 147-A of the Penal Code, can be configured as domestic or family violence against women. In the methodological outline, domestic and family violence against women was analysed based on Maria da Penha Law, followed by an analisys of stalking and finally, the special legislation that included the crime of persecution in the Penal Code was discussed. This analysis has shown that the crime of persecution constitutes a kind of psychological violence provided in Maria da Penha Law, as long as it is committed against a woman that has a family or intimate-affective relationship with the offender. As such, it was verified that apart from the crime of persecution being a type of psychological violence, the penal type has violated the principle of taxativity and constitutes a blank criminal norm.