Lei 14.132/21 e o novo crime de perseguição ("stalking")

Summary

The video discusses the legal implications of Law 14,132/2021, which introduced Article 147-A into the Brazilian Penal Code, criminalizing stalking. The presentation highlights key elements such as the crime’s penalties, the application of specific procedural rules, and the role of law enforcement in investigating such crimes. The speaker also explores the competence of courts, the impact of aggravating factors, and the legal procedures like preventive detention, alternative measures, and the possibility of plea agreements. Notably, the law mandates that stalking is a public action contingent on the victim’s representation, marking a significant shift in the judicial approach to these offenses.

Takeaways

• 😀 The new Law 14.132/2021 introduces the crime of 'persecution' (stalking) under Article 147-A of the Brazilian Penal Code.
• 😀 The crime of persecution involves repeatedly threatening someone's physical or psychological integrity, restricting their freedom of movement, or invading their privacy.
• 😀 The penalty for the crime of persecution is imprisonment for 6 months to 2 years, with an increased sentence in specific circumstances (e.g., involving children, elderly, or women).
• 😀 The crime of persecution is generally tried in state courts, but may fall under federal jurisdiction in cases involving violations of international human rights or misogyny online.
• 😀 If the penalty for persecution exceeds 2 years (due to aggravating factors), the case will be handled by regular criminal courts instead of the Special Criminal Court.
• 😀 In cases involving domestic violence (e.g., violence against women under the Maria da Penha Law), jurisdiction may be transferred to specialized courts for domestic violence.
• 😀 Criminal investigations into persecution are usually carried out by the Civil Police, but the Federal Police may intervene in cases involving internet-based misogyny or other specific circumstances.
• 😀 The law allows for preventive detention in certain situations, such as when necessary to enforce protective measures for the victim or ensure the perpetrator's identification.
• 😀 Alternative measures like penal transactions and conditional suspension of the process may be applicable, but not in cases where the crime involves violence against women (under the Maria da Penha Law).
• 😀 The action for persecution is a public crime, but it is conditional upon the victim’s representation, meaning the victim must actively request prosecution for the case to proceed.

Q & A

What is the main focus of the video script?

The video script primarily focuses on the repercussions of criminal procedure under Law 14.132 of 2021, which introduced the crime of stalking (perseguição) into the Penal Code of Brazil, specifically under Article 147-A.

What is the penalty for the crime of stalking as defined by Law 14.132 of 2021?

The penalty for the crime of stalking under Article 147-A of the Penal Code is imprisonment for six months to two years and a fine. The penalty may be increased by half in certain circumstances, such as if the crime is committed against a child, adolescent, elderly person, woman, or in cases of domestic violence.

What does the first paragraph of Article 147-A stipulate?

The first paragraph of Article 147-A introduces an aggravating factor that increases the penalty by half if the crime is committed in certain situations, such as when the crime involves domestic violence, the victim is a woman, or if the crime is committed in the presence of two or more people or with a weapon.

How does the crime of stalking relate to the jurisdiction for its trial?

By default, the jurisdiction for the trial of the crime of stalking is with the state courts. However, in cases involving domestic violence or other specific factors, the jurisdiction could be transferred to the Federal Courts or the Court for Domestic and Family Violence against Women, depending on the circumstances.

What happens if the penalty for the crime of stalking exceeds two years?

If the penalty for stalking exceeds two years due to the aggravating factors (such as the involvement of a child, elderly person, or domestic violence), the case would be transferred from the Special Criminal Court to a regular criminal court.

What procedural rules apply to the trial of stalking crimes?

The procedure depends on the penalty. If the penalty does not exceed two years, the case is handled by the Special Criminal Court, which applies a summary procedure. However, if there are aggravating factors, a standard criminal procedure is used. In cases of domestic violence against women, the specific procedures of the Maria da Penha Law apply.

What role does the investigation of stalking crimes play in determining jurisdiction?

The investigation of stalking crimes is generally carried out by the Civil Police. If the crime is associated with misogyny or occurs over the internet, it may be investigated by the Federal Police, as stipulated by Article 1, Section 7 of Law 10.446/2002, which addresses international human rights violations.

Can a preventive detention be ordered for stalking crimes?

Preventive detention for stalking is generally not allowed under Article 313, Section 1, unless the crime involves a penalty of more than four years. However, preventive detention may be ordered if there is a need to ensure the enforcement of urgent protective measures for the victim, such as in cases involving women, children, the elderly, or other vulnerable individuals.

Is it possible to apply interceptive measures, such as phone tapping, to stalking cases?

Interceptive measures like phone tapping or wiretapping are not permitted in stalking cases unless the crime is connected with another offense that allows such measures, as per Law 9.296/96. In these cases, a judge can authorize these actions.

What are the implications of Law 14.132 of 2021 on non-punitive measures like plea deals or suspension of the process?

The crime of stalking is eligible for non-punitive measures like plea deals or the suspension of the process only in certain circumstances. For example, plea deals are not possible if the penalty exceeds two years, or if the crime involves domestic violence under the Maria da Penha Law. Suspension of the process may be applicable if the penalty is six months or more but less than two years, subject to other requirements.