Threats and Stalking: Where a Disagreement Ends and a Crime Begins

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

The difference between a heated argument and a crime can come down to a single intimidating sentence, or to repeated messages that rob the person receiving them of any peace of mind. Brazil’s Penal Code treats both an isolated threat and repeated stalking as crimes, and the right way to respond to each situation depends on the conduct, the evidence available, and the level of risk involved.

What makes something the crime of threat

Threat is defined in Article 147 of the Penal Code. It consists of promising someone, by word, in writing, by gesture, or by any other means, that you will do them unjust and serious harm. The core element is the promise of serious, unlawful harm that is capable of instilling real fear in the victim. A vague boast or a remark blurted out in the heat of a fight is not enough: the conduct must be capable of intimidating an ordinary person in that context.

Brazilian case law tends to rule out the crime when the statement is made in a state of complete intoxication or in a moment of passing anger, without seriousness. On the other hand, a serious, targeted promise of physical assault, death, or destruction of property constitutes the offense. It makes little difference whether the offender actually intended to carry out what was said: what is punished is the act of terrorizing the victim with the prospect of harm.

The means used makes no difference to the offense. A threat can be delivered by voice, a note, an audio message in an app, a text message, a social media comment, or even an unmistakable gesture, such as pretending to fire a gun. This breadth matters because much intimidation today happens online, which makes it all the more important to preserve every record.

Threat is, as a rule, a crime prosecuted by public criminal action conditioned on the victim’s complaint (representação). In other words, it depends on the victim formally stating that they want the offender to be held accountable. This step is usually taken when the police report is filed, and it is subject to a legal deadline, which is why seeking guidance early helps you avoid losing the chance to act.

It is also worth remembering that an intimidating statement directed at a close family member, with the aim of reaching the victim indirectly, can also constitute the crime. What matters is the concrete capacity to cause fear, not the exact way the promise of harm comes to the attention of the person targeted.

Stalking: the crime that entered the Penal Code

Stalking became a distinct offense with Law 14.132 of 2021, which added Article 147-A to the Penal Code. The crime, known in Portuguese as perseguição, punishes anyone who repeatedly pursues another person by any means, threatening the victim’s physical or psychological integrity, restricting their freedom of movement, or otherwise invading their sphere of privacy and freedom.

What sets it apart is repetition. Whereas a threat can be complete with a single act, stalking requires conduct repeated over time, a pattern that shows the offender’s obsessive persistence. Insistent phone calls, strings of messages, surveillance of places the victim frequents, unsolicited gifts, and monitoring of social media are typical examples when done continuously.

The base penalty is imprisonment (reclusão) of six months to two years, plus a fine. The penalty is increased when the crime is committed against a child, a teenager, an older adult, or a woman on account of her being female, and also when it is committed by two or more people or with a weapon. Stalking of a woman in a domestic setting also triggers the protection of Law 11.340 of 2006, the Maria da Penha Law.

It is common for threat and stalking to appear together in the same case. An offender who stalks the victim often mixes in intimidating messages, so both offenses can be investigated together, each with its own requirements and evidence.

Recognizing the pattern of stalking early is critical, because the behavior tends to escalate. What starts as seemingly harmless persistence can develop into constant surveillance and, in serious cases, physical violence.

A threat can be complete in a single instant; stalking is built through repetition, and that pattern is where the danger lies.

For this reason, writing down the dates, times, and content of each episode helps show the continuity the law requires and assess the risk accurately.

Digital evidence: how to record and preserve it

In most cases today, the evidence is born digital. Screenshots of conversations, audio recordings, e-mails, comments, and call logs are the heart of the investigation. The essential precaution is to preserve the content intact, without editing it, cropping it out of context, or deleting any portion, since any manipulation can undermine the credibility of the material.

When saving a screenshot, it is advisable to make sure the sender’s name or number and the date and time of the message are visible. For audio and video, keep the original files rather than just screen recordings, because the raw file carries metadata that helps confirm authenticity.

When the content is on a public page, such as a social media profile or comment, a notarized record (ata notarial) drawn up at a notary’s office (cartório) is a powerful tool. In it, the notary certifies what appeared on the screen, giving the record public faith and making it harder for anyone to later claim that the post was forged or never existed.

It is also useful to keep a timeline of the episodes, with an objective description of each one. This organized account, together with the preserved files, makes the work of the police and your attorney easier and reinforces the narrative of continuity in a stalking case.

Protective orders and how to report safely

When facing a threat or stalking, the victim can file a police report (boletim de ocorrência) at a police station, either in person or, in many states, through the online channels of the civil police. In situations involving a woman in a domestic and family context, the Maria da Penha Law allows a request for urgent protective orders, which a judge can grant quickly.

Among these measures are a ban on approaching the victim, with a minimum distance set by the court, a ban on contact by any means, and removal of the offender from the home. Violating these orders is a separate crime, which strengthens protection and creates a concrete consequence for anyone who persists in the conduct.

In cases of immediate danger, calling the police emergency number is the most urgent step, even before any notary or paperwork measure. Physical safety comes first, and the detailed record can be made afterward, calmly and with the help of a professional.

Seeking legal advice right at the start makes a difference. An attorney assesses whether the conduct amounts to threat, stalking, or both, organizes the evidence, drafts the request for protective orders, and follows the case through the system, making sure every deadline is met and that the victim is not left exposed during the proceedings.

Reporting safely means documenting without directly confronting the offender, avoiding unnecessary exposure on social media, and relying on the available support network, which includes specialized police stations, the Public Prosecutor’s Office (Ministério Público), and victim assistance services.

There are also practical tools that expand protection. Some police forces offer panic-button apps linked to protective orders, which dispatch patrol cars within seconds. Keeping trusted people informed about your routine, adjusting your social media privacy settings, and avoiding posting your real-time location are simple steps that reduce your exposure to a stalker.

Finally, it is important not to downplay isolated episodes. Even when a single contact seems harmless, recording it creates a history that can be decisive if the conduct is repeated. Ongoing documentation turns scattered impressions into organized evidence, and it is precisely this body of evidence that supports holding the offender accountable and obtaining protective measures.

Frequently Asked Questions

Is a single aggressive message already the crime of threat?

It can be, as long as it contains a serious promise of unjust and grave harm and is capable of intimidating the victim. An isolated remark made to vent, with no concrete content about causing harm, is unlikely to constitute the offense. A message that promises physical assault or death, in a targeted and credible way, tends to amount to the threat described in Article 147 of the Penal Code, regardless of whether the author intends to carry it out.

What is the difference between threat and stalking?

A threat can be complete with a single act that promises serious harm. Stalking, defined in Article 147-A, requires repeated conduct, a pattern of persistence that threatens the victim’s physical or psychological integrity, restricts their movement, or invades their privacy. The two offenses can coexist in the same case, when the stalker also sends intimidating messages over time.

Is WhatsApp and social media evidence valid in court?

Yes. Messages, audio recordings, screenshots, and posts are admitted as evidence, as long as they are preserved intact. For public content, a notarized record from a notary’s office strengthens authenticity. It is advisable to keep the original files, record the date, time, and author, and maintain a timeline of the episodes, which especially strengthens proof of continuity in stalking cases.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.