Zanatta, Diana CasarinHorszczaruk, Eliane2024-03-072024-03-072022https://repositorio.uricer.edu.br/handle/35974/600The purpose of this monographic research is to establish a critical reflection on stalking, conduct translated into persecution, in order to generate fear, discomfort and panic in victims, and which was incorporated into the Brazilian criminal legal system, in article 147-A of the Penal Code. The criminal type in question also incriminates the conduct called cyberstalking which, translating, would be the persecution, through the virtual space. It seeks to verify if the new classification is efficient for prevention, repression of crime and criminals and, simultaneously, if it presents positive reflexes in the protection of the victim. It is intended to determine whether the incrimination of stalking proved to be sufficient or if it is just another criminal offense to present controversies and interpretive difficulties, with little practical use. The study, therefore, aims to contribute to the clarification of the phenomenon, exposing historical problems, clarifying the profiles of stalkers and the effects that this persecution can trigger in the lives of victims. To this end, a literature review is used as a methodology, having been examined national and foreign scientific works and articles related to the subject, taking as a theoretical contribution the social discussion in the field of criminal law and the study is divided into three chapters. First, the origin of the term is rescued, the first world typifications and the profiles of stalkers and victims are presented. In the second chapter, the incriminated conduct is clarified, more specifically its elementary ones, the penalty and criminal action attributed to the crime. Still, the consequences of the repeal of art. 65 of the Criminal Misdemeanors Act. In the last chapter, we start from the analysis of cases that occurred in the District of Erechim/RS, which did not present the stalking label, but which, in fact, portray the conduct. In addition, the means used to prove the act of persecution and the main protective measures are clarified. The crime of persecution is distinguished from the crime of psychological violence, since both are new in the Brazilian legal system and are constantly confused by legal practitioners. Finally, it can be concluded that the typification of the act of persecuting was unfortunate, since there was no effective protection for victims, much less a punishment consistent with the conduct of the aggressor, that is, the legislator accepted a popular plea, without worrying about the efficiency of typing.pt-BRDireitoStalkingCyberstalkingPerseguiçãoTrabalho de Conclusão de Curso