O FENÔMENO STALKING E SUA REPERCUSSÃO JURÍDICA

Abstract

This paper aims to demonstrate how the Stalking phenomenon is currently reflected in our Brazilian legislation. Such an approach is necessary because even with low visibility, these behaviors do exist, since knowledge about them is of paramount importance. The purpose of this paper is to demonstrate how the practice of this phenomenon negatively affects the lives of people who are affected. This will be achieved by studying cases that have been tried by our courts. The analysis showed that even though there is no specific typification for Stalking, the magistrates have mentioned this behavior, showing that it is a present behavior, applying the criminal types already existing in both the criminal and the civil sphere. It was also found that there is a balance between the opinions on whether or not criminalization of Stalking deserves more attention from the legislators, as it is a conduct that can affect the psychological integrity of the victim, making it have to change their habits for this persecution that causes so much trouble. Finally, it is emphasized that there has been an evolution on the subject in our country, even if timidly, but it is indispensable to pay attention to the bills that are pending in order to reach a consensus on the criminalization of Stalkin.