Article 146-A of the Penal Code: an analysis of the new crimes of bullying and cyberbullying

Abstract

This paper proposes a critical and dogmatic analysis of the new crime of bullying, which was inserted into the legal system by Law No. 14,811/2024. The adequacy of the penalties was evaluated, taking into account the different types and contexts of bullying and cyberbullying, the severity of the conduct, the culpability of the agents, and the protection of the protected legal assets. The analysis revealed the need to adapt and improve the sanctions to ensure material justice and proportionality, respecting the principle of individualization of the penalty. The culpability of the agent was examined, highlighting the importance of considering psychological, social, and educational factors for adequate accountability. The dissuasive capacity of the penalties of Article 146-A of the Penal Code was investigated, pointing to the need to constantly monitor and improve prevention and intervention strategies to reduce the incidence of bullying and cyberbullying. The methodology used is exploratory in nature and supported by a bibliographic review. It is concluded that tackling these issues requires a multidisciplinary approach, involving legal measures, educational actions and social and psychological interventions.