Man Convicted of Stalking in Minas Gerais for Over 60 Calls in One Day
A man in Minas Gerais, Brazil, has been convicted of stalking for persistently harassing his ex-partner, including making over 60 phone calls in a single day. The Tribunal de Justiça de Minas Gerais upheld a lower court's decision from the Comarca de São Gotardo, sentencing the defendant to pay R$ 4,000 in moral damages. The court also imposed a nine-month prison sentence, which was converted to a two-year conditional suspension, provided he adheres to justice-mandated conditions. Stalking, defined as repeated pursuit involving intrusive actions like persistent calls, messages, routine monitoring, or repeated unwanted approaches, has been a crime in Brazil since 2021. The victim, who was in a seven-year common-law relationship with the perpetrator and shared a daughter, experienced harassment after their breakup in August 2021. The defendant's actions included appearing at her workplace and attempting to force her into his car, as well as repeatedly driving past a restaurant where she was dining with friends. The defense's appeal, which argued that digital evidence lacked proper forensic examination and that the calls were solely for discussing their child, was rejected. The court found that the victim's testimony, witness accounts, and digital records collectively proved the stalking offense. The judge presiding over the case characterized the defendant's conduct as restricting the victim's freedom and invading her privacy, constituting psychological violence within a domestic violence context. The case is being handled under judicial secrecy.
This case highlights the legal system's response to persistent digital and physical harassment, underscoring the evolution of stalking laws in Brazil. The court's recognition of psychological violence and invasion of privacy, supported by digital evidence and testimony, demonstrates a growing understanding of the impact of such behaviors. The conviction and sentencing, including damages and conditional probation, aim to deter future misconduct and acknowledge the harm caused to the victim. Future legal frameworks may further refine the evidentiary standards for digital communications in harassment cases and explore more comprehensive restorative justice approaches for victims of domestic and psychological abuse.
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