As diferenças entre estelionato e fraude civil: uma análise conceitual e principiológica

Abstract

Despite extensive research on criminal and civil law, little is known about one of the most problematic convergences between them: the confusion made between stealth and civil fraud. The general image that emerges from the doctrine is of a Criminal Law as a last resort, ignoring the incarceration thinking that persists in our society. This study recovers some national and international doctrinaire to help us solve this dilemma. With the analysis and gathering of these theses it is clear that the enforcers of Criminal Law need to see stellarism, not as an open and joker type, but as it is, a crime whose procedure must respect the principles and rules of Criminal Law and Criminal Procedure. The objective of this work is to prevent the imprisonment of innocent people. In the first chapter, we aim to explain the structure and limitations of Criminal Law. Next, we analyze the criminal type of larceny in order to delimit its typification. In the third chapter, we analyze civil fraud under the light of Contract Law, with the purpose of highlighting the differences between the said institutes. Finally, we dedicate a chapter to analyze only the delimitations between civil fraud and larceny, in order to help future and current jurists to differentiate them before a dilemma. The methodology used for the investigation was the bibliographic survey. We concluded by the necessity of positioning the doctrine and by the action of the operators of the Right to the molds of the penal principles.