Criminalização da perseguição: limites e possibilidades do direito penal no enfrentamento da violência de gênero

Abstract

This study critically analyzes the effectiveness of Criminal Law in addressing gender-based violence in Brazil, with a particular focus on the criminalization of stalking under Law No. 14.132/2021. Grounded in critical criminology and feminist criminology theories, the research hypothesizes that the recent criminalization of stalking was driven by a logic of penal populism and legislative symbolism, lacking solid empirical support, social participation, and technical foundation. The methodology is qualitative and empirical, primarily based on content analysis of legislative documents, reports, parliamentary speeches, and official data, complemented by a specialized literature review. The findings reveal that the criminalization process was rushed, devoid of meaningful debate with civil society or experts, and insufficiently informed by statistical data and victims’ lived experiences. The analysis highlights that the Brazilian Legislative Branch prioritized symbolic and political gains, instrumentalizing gender issues at the expense of evidence-based lawmaking. The resulting legal provision is vague and poses risks of discretionary and discriminatory enforcement. Through the lens of feminist criminology, the study argues that gender-based violence is a structural phenomenon, rooted in historical power relations and perpetuated by a legal system that often reproduces social inequalities. Therefore, relying solely on criminal law, without integration with broader public policies, proves to be both ineffective and potentially harmful. The study concludes that genuine protection of women requires structural actions such as gender education, strengthening of support networks, and institutional reforms. It contributes to the debate on the limits and potential of law in promoting gender justice and underscores the need to rethink criminal policy from a critical and intersectional perspective that reflects the complexity of women's realities and challenges the punitive, exclusionary logic historically embedded in the Brazilian penal system.