THE CRIMINALIZATION OF STALKING UNDER LAW Nº 14.132/2021: CHALLENGES AND ADVANCES IN THE PREVENTION OF GENDER-BASED VIOLENCE AND THE PROTECTION OF VICTIMS

Abstract

This study investigates the crime of stalking as a form of obsessive and compulsive harassment, analyzing its connection to gender-based violence and its criminalization in Brazil under Law No. 14.132/2021. The primary objective is to examine how this legislation contributes to the prevention of gender-based violence, particularly femicide, and to identify challenges in its practical application. The research adopts a deductive method, with data collection based on a bibliographic and documentary review, prioritizing high-impact national and international studies published in the last three years. Data analysis employs a legal hermeneutic approach, grounded in applicable legal doctrine and normative frameworks, and includes a comparative mapping of international legislations and practices related to stalking, highlighting experiences in the United Kingdom, Canada, and Sweden. The study also analyzes specific cases illustrating various forms of stalking and their repercussions in contexts of gender-based violence. The findings reveal that the inclusion of stalking as a criminal offense under Article 147-A of the Brazilian Penal Code represented a significant advancement, enhancing victim protection and addressing gaps in previous legislation. However, significant challenges remain, such as the limited scope of penalties and the absence of immediate protective measures, particularly in cases of cyberstalking. The research concludes that, in addition to improving legislation, it is crucial to implement public policies that promote social awareness, strengthen support networks, and train legal professionals to ensure the effective application of victim protection measures. The criminalization of stalking, in addition to preventing more severe crimes such as femicide, proves to be an indispensable instrument for safeguarding women's rights and combating gender-based violence.