O crime de Stalking e o artigo 65 da Lei de Contravenções Penais: Abolitio criminis ou princípio da continuidade normativo-típica?

Abstract

The subject of the current study focuses on the legal-dogmatic analysis of article 147-A of the Penal Code, as introduced by Law 14.132/21, which typified the crime of stalking. Considering that the sanctioned law expressly revoked article 65 of the Law of Criminal Misdemeanors, this work sought to understand if the revoked article was removed from the Brazilian legal system, through abolitio criminis, or if it continues to be typified in the recent article 147-A of the Penal Code, through normative-typical continuity. To accomplish this purpose, the main characteristics of article 65 of the LCM and article 147-A of the PC; the conflicts regarding penal law over time, such as abolitio criminis; the novatio legis incriminadora; novatio legis in pejus; novatio legis in mellius; and the principle of normative-typical continuity and its current unfoldings in the present stalking crime were analyzed. Therefore, this research adopted the critical-methodological approach, using both primary data and secondary sources, in addition to literature review and documental analysis.