Stalking ou perseguição obsessiva: a responsabilidade civil frente aos direitos da personalidade

Abstract

Stalking is a phenomenon that has grown in the media and received more attention from national jurists. The phenomenon takes place when someone starts to harass a specific person, using different means to contact them and repeatedly invading the victim’s personal space. This behavior is problematic because it infringes the stalked person’s personality rights. These rights arise from human dignity, protected by the Federal Constitution, and must be protected from any harassment. The act of stalking causes in the victim fear for themselves and their family, weakening their psychological state and, sometimes, their physical health. Considering the need for reparation due to the persecution, it is imperative that the stalker’s blame be investigated in light of the extra-patrimonial damages caused to the victim. It is impossible to recover the status quo ante, since the victim’s psychological balance can’t be restored to its initial status, so the stalker must compensate them with indemnification for moral damages.