This Tuesday (31), the influencer and presenter Patrícia Ramos came to the public to confirm that filed a crime report against her ex-husband, businessman Diogo Vitório. One of the crimes for which the man is accused is that of sentimental fraud.
The crime of sentimental theft is a relatively new advent in judicial processes and is not even present in the Brazilian Penal Code. Its definition is based on the crime of embezzlement, typified in article 171 of the Code.
What is sentimental fraud?
Sentimental fraud occurs when, within a romantic relationship, one of the parties takes advantage of another’s feelings and emotions to obtain financial, material or personal benefits. The swindler creates a false link with the other person to abuse their trust.
According to the Brazilian Institute of Family Law (IBDFAM)“the victim, believing in affection and the relationship built, gives in to the advances and hands over valuables to the swindler. in exchange for a future promise or a more serious commitment, such as marriage.”
the term was used for the first time in 2013, during a proceeding at the 7th Civil Court of Brasília, of the Court of Justice of the Federal District and Territories (TJDFT). It is based on the definition of embezzlement present in article 171 of the Penal Code and seen as a form of this crime.
The article says it is prohibited “obtain, for oneself or for another, an illicit advantage, to the detriment of another, by inducing or keeping someone in error, through artifice, ruse, or any other fraudulent means”.
The penalty for embezzlement can reach up to five years in prison, in addition to a fine. In a civil process, there is the possibility of a compensation for moral and material damages.
In August 2022, the Chamber of Deputies approved the Bill 6,444/2019what includes the crime of sentimental embezzlement in the Penal Code. The text will still be analyzed by the Senate.
The document states that sentimental fraud occurs when the criminal “induces the victim, with the promise of forming an emotional relationship, to hand over goods or values to themselves or to someone else”. The penalty could be two to six years in prison.
Patrícia Ramos accuses her ex-husband
Influencer Patrícia Ramos, known for presenting the program “Rede BBB”, linked to Big Brother Brasil, on Rede Globo, came forward to inform the public that presented a crime report against her ex-husband, businessman Diogo Vitório.
In a post on Instagram stories, the presenter’s lawyers, Ingryd Souza and Alexandre Rangel, informed that Vitório is accused of “sentimental embezzlement, domestic violence in physical, moral, psychological and patrimonial forms, embezzlement with ideological falsehood, theft through fraud and stalking”.
One request for protective measure against Vitório was made and approved by the Court of Justice of the State of Rio de Janeiro. The ex-spouse was notified of the decision, so that “Do not approach Patrícia Ramos and her family, nor make contact through any other means of communication.”
The post first appeared on revistaforum.com.br