Comportamento da vítima na aplicação da pena no crime de estelionato: o golpe do bilhete premiado

Abstract

This article analyzes how the victim's behavior in the crime of embezzlement known as the winning ticket scam can contribute to the consummation of that offense and its influence on the application of the penalty. Based on the victimological doctrine, the article aims to identify how this behavior proves to be a relevant cause for the consummation of the criminal practice, consequently influencing the valuation of the penalty by the competent court. The article uses the logical-systematic method, and the research techniques of the bibliographical and documental review, as an analysis of the laws and jurisprudence on the subject. Initially, it analyzes whether it is possible to observe the significance of the victim's behavior for obtaining the illicit advantage by the swindler as a result of the action required for the consummation of the crime in the case of the analyzed coup. The specific objectives are to demonstrate what is understood by victimology and the relevance of the field of study for society, as well as to identify the dominant doctrinal classification about the types of victims, describe what embezzlement is and how to consume, identify the relevance of the victim's behavior in the consummation of the aforementioned coup and its influence on the valuation of the penalty.