Efetividade da criminalização do cyberstalking (lei 14.132/2021)

Abstract

With the recent increase in stalking and potential risk to the victim, driven by social networks, Bill No. 1,369/2019, authored by Senator Leila Barros (PSB/DF), was approved and Law No. 14,132/2021 was sanctioned, finally criminalizing stalking and cyberstalking in the Brazilian legal system. Law 14.132 of 2021 amends the Penal Code and places Brazil at the level of countries where stalking in virtual media is a crime. The aim of this paper is to elucidate some concepts about this conduct, provide a history of legislative construction in other countries and in Brazil and analyze the elements of the criminal type. It also seeks to analyze the profile of the cyberstalker, address the forms of confrontation, carry out a jurisprudential study and, finally, conclude on the ineffectiveness of the Law, despite its advances for Brazilian legislation. The methodology adopted consists of bibliographical, legislative and jurisprudential analysis, with the aim of developing the main ideas regarding the new Brazilian anti-stalking legislation.