Análise do crime de perseguição “stalking”, tipificado no artigo 147-a do código penal e seus efeitos materiais e processuais

Abstract

The main objective of this article is to discuss the inclusion, by Law nº 14.132/2021, of March 31, 2021, of the crime of Stalking, popularly called “stalking”, typified in article 147-A of Decree-Law nº 2.848/ 1940 (Penal Code). For that, we sought to identify and classify the essential elements for the crime to be configured. Then a study was carried out on the criminalization of stalking in international law. Next, the reasons that led the national legislator to include the crime of persecution in the Brazilian legal system were presented. Finally, a study was carried out on the material effects and procedural effects of the increase, in particular, the doctrinal and jurisprudential discussion regarding the revocation of the criminal misdemeanor of Disturbance of Tranquility.