The 3rd Criminal Panel of the Court of Justice of the Federal District and Territories (TJDFT) unanimously upheld the conviction of a man for aggravated stalking (perseguição) of his former partner, dismissing the defense’s appeal seeking acquittal.
The defense argued that the conduct was motivated by so-called animus amandi — the intention to keep or resume an affective bond — and that the intent required for the crime was absent, also invoking the in dubio pro reo principle. The panel rejected these arguments: according to the rapporteur, a claim of affective intent does not rule out the crime when the conduct ceases to be a legitimate attempt at reconciliation and repeatedly interferes with the victim’s freedom, privacy and psychological peace of mind.
For the panel, the facts and authorship were shown by the body of evidence: besides the victim’s account, witness statements and documents such as police reports, messages and images were considered. The persistence of the conduct even after emergency protective orders were imposed also reinforced the conviction.
The ruling took into account the Federal Supreme Court’s position in ADPF 779, which declared unconstitutional the “legitimate defense of honor” argument, and the National Council of Justice’s (CNJ) Protocol for Judging with a Gender Perspective. The sentence of nine months of imprisonment, in an open regime, with execution suspended for two years, remains, in addition to compensation for moral damages to the victim.
Informational summary prepared from the source cited. For the full content and any updates, consult the original source. This is not legal advice.
Source: Juristas
