Criminalização do stalking: uma análise sobre a (im)possibilidade de enquadramento na Lei Maria da Penha
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Date
2021-06-16
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Universidade Católica do Salvador
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.
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Keywords
Stalking, Crime de perseguição, Lei Maria da Penha, Mulher, Violência psicológica, Persecution crime, Maria da Penha Law, Women, Psychological violence