STALKING AND GENDER VIOLENCE: THE CRIMINALIZATION OF STALKING AS A WAY TO PREVENT FEMINICIDE

Abstract

Stalking is the term used to name a pattern of repeated and persistent persecution/harassment behavior applied to a specific person. It can be practiced, such as through unwanted contacts, physical proximity, constant surveillance, sending objects, threats and insults, inappropriate contact with the family or friends of the person targeted by the stalker. Eventually, this combination of factors culminates in physical or sexual assaults, and even homicide. Often, this constancy of situations causes damage to the psychological health and changes in the daily lives of victims, and involves risks of persistence, recurrence, violence and death. Regarding the legal-criminal aspects, it was observed that stalking is a global and ancient phenomenon, considered a crime in several countries for a long time. In consideration of this, in accordance with the precepts of the Stalking Law, a connection arises with existing measures in the Maria da Penha Law. Thus, the objective is to relate the application of Law 14,132/2021 to feminicide crimes, setting out as a goal the reduction of criminal rates of this heinous crime, through the criminalization of stalking, ensuring greater protection for fundamental rights and women's rights. Regarding the methodology used in this work, a bibliographical research was carried out, using as sources books, dissertations, government reports, journalistic texts and scientific articles by relevant authors, national and, mainly, foreign, in addition to legislative and jurisprudential research. This research highlights the importance of criminalizing stalking in combating violence against women, especially with Law No. 14,132/2021 in Brazil. Stalking, which is a form of persistent persecution, can cause serious psychological harm and even lead to femicide. However, the law is seen as broad and vague, requiring additional judicial guidance. Stalking can occur both physically and online, and prevention, solidarity and knowledge are crucial to protect victims and ensure their well-being.