DIGITAL STALKING: AN ANALYSIS OF THE MARIA DA PENHA LAW IN LIGHT OF LAW NO. 14.132/2021

Abstract

This study examines the phenomenon of digital stalking and the constraints of the Maria da Penha Law in addressing offenses committed in the virtual environment. The investigation reveals that, although this law represents a significant advancement in safeguarding women against domestic and family violence, its application in the digital sphere presents relevant shortcomings, particularly in the face of virtual persecution involving violations of privacy, psychological harassment, and continuous surveillance. In this context, Law No. 14,132/2021 stands out, as it criminalizes stalking within the Brazilian legal system, broadening victim protection by recognizing repeated conduct that threatens freedom and privacy, including through digital means. Nevertheless, the study demonstrates that traditional protective measures, designed for the physical realm, have limited effectiveness in cyberspace, where the aggressor can maintain contact and exert control remotely. The research adopts a qualitative methodology, including a literature review as well as documentary and jurisprudential analysis. It concludes that legislative improvement is necessary, with the development of specific digital protective measures and enhanced technical training, in order to ensure the safety of women in the virtual environment.