THE CONCEPT OF PATRIMONIAL LOSS IN “SENTIMENTAL SWINDLE”

Abstract

The objective of this work is to analyze the scope of “sentimental swindle”, on the terms of the Bill nº 4.229/2015, approved in the Chamber of Deputies in August 2022. With this objective in view, the historical evolution of the legislative technique of criminalization of swindle will be studied, in order to compare the text established by the Bill with the criminal type of the caput of article 171 of the Penal Code. Subsequently, adopting the premise that patrimonial disposition is not to be confused with harmful patrimonial disposition, the concept of patrimonial loss will be discussed, notably from the perspective of the personal concept of patrimony. Such a perspective is the most appropriate, since, essentially, the patrimonial loss is understood in terms of frustration of purpose.