Self-harm induced by social media raises a crucial question: can it be considered a crime against life?

Abstract

The Federal Constitution establishes that only crimes against life (homicide, infanticide, abortion, and inducement, instigation, or assistance in suicide) will be judged by a Jury Court, while all other crimes fall under the jurisdiction of regular judges. However, the Anticrime Package added to Article 122 of the Penal Code the criminalization of self-harm, in addition to the inducement, instigation, and assistance in suicide. Therefore, the main objective of this study is to clarify whether the inclusion of self-harm as a criminal offense can legitimately be considered a crime against life, even if the victim's death is not the perpetrator's intent. The specific objectives include a synthesis of the development of penal legislation related to crimes against life, an examination of the encouragement of self-harm in virtual environments, and, finally, the controversies surrounding Article 122 of the Penal Code following the enactment of Law No. 13,968/2019. The central issue addressed is whether the inclusion of self-harm as a criminal offense in Article 122 of the Penal Code is appropriate. Methodologically, the research adopts a qualitative approach, with document analysis and a literature review on penal legislation and real cases. The results indicate that the new wording of Article 122 of the Penal Code actually constitutes an excessive extension of crimes against life.