Stalking and cyberstalking: critical considerations about the crime tipified in Art. 147-a Of The Brazilian Criminal Code

Abstract

The article problematizes the classification, through Law No. 14,132/2021, of the crime of stalking in art. 147-A of the Brazilian Penal Code, inquiring about its adequacy to the principle of criminal legality, as well as about the need for Brazil's ratification of the Budapest Convention. The text is structured in two sections that correspond to its specific objectives: a) initially, it approaches, from a critical perspective, the typification of the crime of stalking in the Brazilian Penal Code; b) subsequently, the text analyzes one of the most common forms of the practice of this crime – the persecution by means of information and communication technologies or cyberstalking –, highlighting the importance of Brazil's adherence to the Budapest Convention for a more persecution efficient and coordinated approach to cybercrimes. The research method used in the construction of the text is hypothetical-deductive; the research technique adopted is bibliographic and documentary.