THE CRIMINALIZATION OF STALKING IN BRAZIL AND ITS (UN)CONFORMITY WITH THE PRINCIPLE OF TAXATIVITY

Abstract

This research has as its theme the crime of stalking against the principle of taxativity, which is justified due to the recent criminalization in Brazil and the increase in the number of cases. The general objective of this study is to analyze whether article 147-A of the Brazilian Penal Code, which typifies the conduct of stalking, is in line with constitutional principles, especially with the principle of taxation. To do so, it is necessary to understand, from the doctrine, what stalking is and to study the importance of constitutional principles for criminal law. Thus, through bibliographical research it is possible to verify that article 147-A of the Penal Code, which provides for stalking as a crime, is unconstitutional because it violates the principle of taxativity.