Comportamento da vítima na aplicação da pena no crime de estelionato: o golpe do bilhete premiado
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Date
2021-12-10
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Universidade Católica do Salvador
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.
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Keywords
Comportamento da vítima, Direito penal, Estelionato, Golpe, Victim behavior, Criminal law, Embezzlement, Blow