A (des)necessidade de criminalizar a prática do stalking no Brasil

Abstract

The object of study of this dissertation is to analyze whether or not there was a need to criminalize stalking in Brazil. The central idea of the research is to discover whether the classification of stalking as a separate crime in the Criminal Code managed to ensure victims more efficient protection to the point of guaranteeing their individual freedom, justifying the creation of the law. The specific objectives are to verify what constitutes stalking, analyze the treatment given to the conduct before and after law nº 14.132/21, understand the context that led to the creation of the type, verify the numbers of stalking in Brazil and in the State of Rondônia along with police stations through an empirical study, discover whether stalking cases decreased or increased from its implementation in the year 2021 until July 2023, compare the numbers to recognize the degree of effectiveness of the law, and finally analyze whether the Women are the biggest victims of stalking, evaluating whether criminalization has prevented feminicide. It is necessary to investigate and identify all these referenced points, in order to ultimately prove whether or not there was a need to create this type of criminal offense in Brazil. The technical procedures used to support the work were field research with data collection, bibliographical research on doctrines, articles, master's theses, jurisprudence, legislation and news website.