Importance of criminalising the practice of stalking in the protection of the right of freedom and

Importance of criminalising the practice of stalking in the protection of the right of freedom

and privacy in the digital sphere²

Janaína Amaral Azevedo¹

ABSTRACT

This article deals with the importance of typifying the practice of persecution known as stalking in Brazil,

through Law n. 14.132/2021 for the protection of the right to liberty and privacy. In this way, the objective was

to analyze the constitutional protection of the rights of freedom and privacy and how the criminalization of

stalking in Brazil impacts on this protection. To achieve this objective, the methodology used for the research

was the deductive method and literary review. Because it is a new topic, os its wording in the penal code, the

use of periodicals and relevant doctrine became essential. It was concluded that stalking is a crime that violates

fundamental constitutional rights, having a great impact on the victim’s freedom and privacy.

Keywords: Stalking. Freedom. Privacy. Persecution. Cyberstalking