The criminalization of bullying and cyberbullying under article 146-a of the penal code

an analysis of the dogmatic adequacy and penal effectiveness of Law no. 14,811/2024

Abstract

The practice of systematic intimidation in the school environment and its expansion into the digital sphere represent complex challenges for society, motivating the enactment of stricter laws. This research delimits as its object of study the recent criminalization of such conduct within the national legal system. The general objective is to analyze the criminalization of face-to-face and virtual forms of intimidation under Article 146-A of the Penal Code, evaluating its dogmatic adequacy and politico-criminal effectiveness. Therefore, the specific objectives are to delimit the concepts and characteristics of these forms of violence, examine the structure of the new criminal offense and its penalties, assess the dogmatic criticisms directed at the legislative technique, and investigate the procedural challenges related to accountability, especially regarding digital evidence and third-party participation on social networks. The adopted methodology is based on a qualitative bibliographic review, encompassing the analysis of doctrine, legislation, and case law. The conclusion reached indicates that the norm provides a partially adequate state response with limited effectiveness. Although legislative recognition constitutes a legal advancement, the text presents structural and grammatical flaws that generate legal uncertainty regarding the proper application of the sanction. Practical effectiveness is hindered by technological evidentiary obstacles and by the difficulty of punishing indirect instigators in the virtual environment. It is observed that purely punitive measures operate in a subsidiary and insufficient manner, requiring the permanent integration of the criminal justice system with preventive educational public policies.