‎Brazil News

 

 

Crime has "modernized" with the use of social networks, leading to threats and defamation in these media.

 

In 1997, a report from the newspaper Folha de warned about the lack of  specific legislation in Brazil that criminalized  stalking . At the time, the morning newspaper reported, the persecutors acted freely and measures against harassment were limited.

 

 

In 1997, Folha newspaper reported that Brazil did not provide protection to victims of persecution. (Image: Folha 

" In Brazil, sentences are mild, and justice is very slow. Hardly anyone goes to jail for making someone else's life hell ", said, at the time, the late criminal lawyer and former Minister of Justice, 

 

 

Criminalist Bastos, in 1997, told Folha de S. Paulo that penalties for persecution, in Brazil, were mild and justice was slow. (Image: Reproduction/Folha 

The criminalization of stalking only occurred in 2021, via  a law sanctioned by former president Jair Bolsonaro. Since then, reports of persecution have increased, driven by social media and technological developments. 

 

 

 

The stalking law was sanctioned in 2021. (Image: Folha 

The law provides for sentences of six months to two years in prison, with the sentence increasing by half if the victim is a woman, child, teenager or elderly person. Before that, the practice was treated as a criminal misdemeanor, in the form of disturbing the peace, or as a crime of threat, with significantly milder penalties.

 

According to the lawyer and professor of Intellectual Property, Digital Law and Data Protection,  , with the classification of the crime the stalker may suffer precautionary measures, such as the prohibition of maintaining contact with the victim. If the conduct persists, or if it results in a more serious crime, the persecutor may be taken to prison.

 

The lawyer also emphasizes that it is possible to obtain a civil conviction against the persecutor, to repair material and moral damages caused to the victims. 

 

" It is very common for stalkers and harassers to cause property damage to victims, breaking their belongings, as a form of threat. In the case of moral damage, it is even easier to characterize due to the very nature of this conduct ", he concluded.

 

 

 

Victim lawyer

 

But what was not expected was that lawyers, because of their profession, would become victims of this practice.

 

Between 2017 and 2019, her office assisted a person who became the target of defamation and persecution by a third party, who subsequently began persecuting Gisele.

 

She faced threats on social media, with intimidating videos and emails. The stalker acted in a specific way, disappearing for months before returning with new attacks, directly affecting her psychology and making her fear even walking down the street.

 

Until 2019, there was no specific law criminalizing stalking, therefore, Gisele filed several lawsuits against the man. It took five or six legal actions, both civil and criminal, to confront the stalker and the social media platforms. In these actions, she sought compensation for moral damages, the removal of offensive content from networks and punishment for slander, insult, defamation and threats.

 

Gisele found it difficult to summon the defendant, as he always "ran away" from justice and never appeared in court. However, she managed to have the videos removed from the platforms.

 

Susceptibility of lawyers 

 

For Gisele, the class of lawyers, as they deal with litigation, may be more subject to this type of persecution by people involved in the processes who do not understand the role of the lawyer in an action, taking the demand personally. 

 

" Anyone is not exempt from going through this situation nowadays. Each of us has [...] a profile, on at least one social network ."

 

As a form of prevention, Gisele gave important warnings: avoid traceability information, reduce data available on social networks, do not indicate routines or times and avoid public check-ins.

 

She also highlighted the importance of not publishing photos of the place where you are at the moment, only afterwards; verify the origin of unknown contacts; and never respond to inappropriate messages, calls or comments on social media. " This type of behavior is fueled by the victim's response. Every bully usually loves it when the victim responds ," she concluded.

 

She also highlighted the importance of separating contacts into two devices (one personal and one professional) and always finding out who makes the appointment. Another point is to raise awareness among those close to us, family members, especially the elderly and children, who are more vulnerable, not to go overboard with content on social media.

 

In the event of persecution, Gisele indicated that it is important to file a police report online at the State's electronic police station.

 

As a specialist in Digital Law, she stated that it is possible to track the perpetrators of persecution, since, on the internet, everyone is traceable and leaves clues.

 

Thus, judicial or extrajudicial measures can be taken. The sensitive point is that, until the victim is able to socially clarify that they were the target of persecution or false content, there is a lot of defamation and embarrassment, making it time-consuming and difficult to restore reputation.

 

 link: https://www.migalhas.com.br/quentes/408182/stalking-perseguicao-fisica-e-digital-atinge-advogados