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Federal Law No. 13,642/2018.
Establishes that the federal police — in cooperation with others — will investigate cybercrimes that spread misogynistic content, defined as those that propagate hatred or aversion to women.
Criminal Code, Article 216-A (introduced by Law No. 10,224/2001).
Establishes the crime of sexual harassment: the conduct of harassing someone with the intention of obtaining sexual advantage or favor, based on the agent’s hierarchical position or function in labor activities. The established penalty is one to two years of imprisonment.
Stalking
There is no specific definition, but stalking can be deemed to characterize suffering under the domestic violence definition of the Maria da Penha Law, for instance, under Article 7, II of the Maria da Penha Law, the crime of psychological violence was defined as any conduct that causes emotional damage and a decrease in self-esteem or that impairs and disrupts full development or that aims to degrade or control your actions, behaviors, beliefs and decisions, through threat, embarrassment, humiliation, manipulation, isolation, constant vigilance, persistent persecution, insult, blackmail, violation of privacy, ridicule, exploitation and limitation of the right to come and go or any other means that cause harm to psychological health and self-determination.
Harassment
Sexual harassment is a crime. According to Article 216-A of the Brazilian Criminal Code, it is defined as the conduct of embarrassing someone with the intention of obtaining sexual advantage or favor, based on the agent’s hierarchical position or function in labor activities. The established penalty is one to two years of imprisonment. In addition, “sexual bullying” (importunação sexual) is also classified as a crime and defined as the conduct of practicing any libidinous act without consent to satisfy his/her own or a third party’s lust.
Criminal Code, Article 216-B (introduced by Law No. 13,772/2018).
Establishes the crime of unauthorized production of sexual intimacy: the conduct of producing, photographing, filming or recording, by any means, nude content or sexual content without the authorization of the participants. The established penalty is six months to one year of imprisonment plus a fine.
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