If approved by the High House, punishment will go from 1 to 2 years in prison; The author cites 326% increase in the cases of estelionate from 2018 to 2022
It approved it on Tuesday (20.MAI.2025) project that doubles the minimum penalty for the crime of estelionate, from 1 to 2 years in prison (). The proposal, of the senator (Somos-MG), had a favorable opinion of the senator (PP-SC) and now goes to the final decision at the CCJ (Constitution and Justice Commission).
The crime of estelionate occurs when the author uses misleading or fraudulent means to mislead someone to obtain his own benefits. This crime covers several situations, from bank fraud to more elaborate blows in the digital environment, and has grown significantly with the digitization of transactions.
The project doubles the minimum penalty for the crime, provided for in article 171 of. The change restricts the granting of benefits such as the conditional suspension of the process or the replacement of the deprivation of liberty for rights restrictions. The maximum penalty, which is five years, and the fine is maintained.
Carlos Viana justified the measure referring to data, which indicate a 326% increase in the cases of estelionate from 2018 to 2022, driven mainly by electronic fraud. For him, the current penalty treats the practice as a “Minor crime”which favors recurrence.
Esperidião Amin stated that the project gives more rigor to the punishment of a crime that has, according to him, expanded and caused serious social and economic damage.
“I think it is a good action, since this is one of the crimes that has been enhanced over the internet, by e-commerce means, for fraud. So, it worsens the penalty is a didactically correct expedient, so useful to society.”these.
Amin highlighted the potential of the measure to curb benefits to the convict, without eliminating the possibilities of individualization of the penalty by the judge, which remains with margin of action as the case.
The Senator (União-PR), former Minister of Justice, said that the initiative arrives as a response to crimes that are mostly committed against vulnerable people. He cited as an example the fraud against retirees and pensioners of the (National Institute of Social Security).
“At this time when we are discussing a potential of $ 6 billion of crimes committed against retirees and pensioners, the estelionate is really relevant. I think the increase of this minimum penalty is quite appropriate.”
With information from.
