Introduction on the crime of stalking

Views: 83

Authors

  • Marcel Figueiredo Gonçalves Pontifícia Universidade Católica de São Paulo, PUC/SP, Brasil.

Keywords:

Persecution, Stalking, Habitually, Abolitio criminis, Disturbance of tranquility

Abstract

Stalking was introduced as a crime in Brazil by a recent law, numbered 14.132/21. Already existing in several criminal law systems around the world, as in Portugal, it is a crime that affects the personal freedom of the individual. It has some singularities that are beyond common sense and that, for this reason, deserve the attention of the doctrine. Classification issues can be - and really are, in this case - decisive for the adequate subsumption of this crime, as well as the systematic reading of the treatment given by the legislator is decisive for a better understanding of the subject.

Downloads

Download data is not yet available.

Author Biography

Marcel Figueiredo Gonçalves, Pontifícia Universidade Católica de São Paulo, PUC/SP, Brasil.

Stalking was introduced as a crime in Brazil by a recent law, numbered 14.132/21. Already existing in several criminal law systems around the world, as in Portugal, it is a crime that affects the personal freedom of the individual. It has some singularities that are beyond common sense and that, for this reason, deserve the attention of the doctrine. Classification issues can be - and really are, in this case - decisive for the adequate subsumption of this crime, as well as the systematic reading of the treatment given by the legislator is decisive for a better understanding of the subject.

References

COX, Cassie. Protecting Victims of Cyberstalking, Cyberharassment, and Online Impersonation Through Prosecutions And Effective Laws. Jurimetrics, New York (EUA), vol. 54, n. 3, 2014.

FIGUEIREDO DIAS, Jorge de. Temas básicos da doutrina penal: sobre os fundamentos da doutrina penal; sobre a doutrina geral do crime. Coimbra: Coimbra Editora, 2001.

HAZELWOOD, Steven. D; KOON-MAGNIN, Sarah. Cyber Stalking and Cyber Harassment Legislation in the United States: A Qualitative Analysis. International Journal of Cyber Criminology, Vol 7, Issue 2, July - December 2013.

MACKENZIE, Rachel; McEWAN, Troy; PATHÉ, Michele; JAMES, David; OGLOFF, James; MULLEN, Paul. Impact of stalking on victims. In: https://www.stalkingriskprofile.com/victim-support/impact-of-stalking-on-victims. Acesso em 19/05/21.

Downloads

Published

2024-07-15

How to Cite

Figueiredo Gonçalves, M. (2024). Introduction on the crime of stalking. Boletim IBCCRIM, 29(347), 15–16. Retrieved from https://publicacoes.ibccrim.org.br/index.php/boletim_1993/article/view/1375

Issue

Vol. 29 No. 347 (2021): Boletim IBCCRIM - Outubro

Section

Doutrina

License

Copyright of published articles belongs to the author, but with journal rights over the first publication and respecting the one-year exclusivity period. Authors may only use the same results in other publications by clearly indicating this journal as the medium of the original publication. If there is no such indication, it will be considered a situation of self-plagiarism.

Therefore, the reproduction, total or partial, of the articles published here is subject to the express mention of the origin of its publication in this journal, citing the volume and number of this publication. For legal purposes, the source of the original publication must be consigned, in addition to the DOI link for cross-reference (if any).