Importância do art. 147-A do Código Penal no combate à violência contra à mulher: análise da criminalização do stalking no Brasil

Abstract

The present work aims to demonstrate how Law no 14.132/2021, which inserted article 147-Ain the Penal Code, typifying the Persecution Crime (Stalking) in Brazil, represents an advancein criminal protection in the defense of privacy and freedom’ fundamental rights, in front of theevolution of new technologies and globalization. In the methodological outline, a study wascarried out on the comparative law of this crime in other countries, the structure of the criminaltype, as well as its interpretative controversies. In addition, was also brought up the index ofwomen as potential victims of this crime and how it is structured within the theme of patriarchy.Finally, it was made a note of how the criminal progression of Stalker can culminate in thepractice of more serious crimes, such as bodily harm, sexual crimes or even femicide. The resultobtained was that, with the inclusion of article 147-A in the Penal Code, Brazilian criminallegislation has shown itself to be attentive to social changes and to combat new forms of thefreedom and privacy fundamental rights' violation. It is observed, therefore, that the inclusionof this crime in the scope of the Penal Diploma, in addition to expand the protection of personalrights and prevent the occurrence of more serious crimes, can also be an excellent instrumentfor reducing violence in Brazil, especially in the domestic scope