Every 16 seconds, a fraud occurred in Brazil between 2021 and 2022, according to the 17th Brazilian Public Security Yearbook, released at the end of July this year. Known by article 171 of the Penal Code, fraud reached a record number of 1,819,409 cases in the period, which represented a 37.9% increase in the number of occurrences throughout the country.
Amidst all this, there is a type of fraud that has also been growing a lot in recent years, but is not yet classified in the law. This is “sentimental fraud”, a term that has been appearing more and more in court decisions throughout Brazil.
Represented by the act of inducing a victim to deliver goods or valuables to themselves or another person through the promise of an emotional relationship, the term was cited in 46 decisions handed down by the judiciary in 2021. The following year, this number jumped to 85, which represents an increase of 84.7%. And the topic has been gaining more and more notoriety, especially with the advancement of technology that allowed the emergence of famous cases such as that of the “Tinder Scammer”.
The expectation is that this year the Brazilian Justice system will reach the mark of 100 cases citing the term, totaling an increase of 28% compared to last year, as indicated by a survey carried out by the law firm Trench Rossi Watanabe, based on data from the jurimetrics platform Inspira.
Debt for love?
According to attorney Fernanda Haddad, from Trench Rossi Watanabe, one of the first emblematic cases of “emotional fraud” was tried in May 2015 by the Federal District Court of Justice. In the case, the victim, hoping to maintain her romantic relationship, took out several loans to her ex-partner, who promised to return the money. But the promises fell through when he ended the relationship without paying a single penny, which led the victim to seek justice.
In light of all the documentation, the Federal District Court of Justice recognized the illegality of the benefits received by the ex-partner through the trust that existed in the romantic relationship and considered that, by promising to return the loans obtained, the victim was created the expectation that he would receive the said amounts back.
“Cases like this have been increasingly reported, after police operations, and the Justice system has been convicting several of them”, explains Fernanda. In the case of the “Tinder scammer”, Caio Henrique da Silva Camossato was also accused of fraud, after complaints from more than 13 women. In just two of these cases, he is said to have caused losses of R$1.3 million and R$1.8 million, according to the lawyer.
Keep an eye out for signs
According to criminalist Antônio Gonçalves, the first clear sign of “emotional fraud” is when the relationship becomes stronger, but with a strong psychological dependence.
The second relevant sign is the fraudster’s intention to obtain economic gain. “The victim becomes emotionally dependent on the criminal, who expects them to sympathize, claiming some exceptional situation in which they need emergency assistance to solve a problem,” he says.
Adib Abdouni points out that the perpetrator of the crime usually presents himself “as a successful and well-connected person, but who is facing momentary financial difficulties. This is an important sign because it creates a bond of trust,” he explains.
What should someone who has been scammed do?
According to lawyers interviewed by InfoMoney first of all the victim needs to file a police report. Then, seek a lawyer who will make a representation on this and will monitor the entire formation and development of this police investigation, so that it becomes a criminal action.
The victim also needs to gather all the information that will help the lawyer in his work. Proof of transfers, conversations on apps and loan negotiations, among other information, can be attached to the case. “All of this is essential because case law understands that the burden of proving emotional fraud lies with the victim, based on art. 373, I, of the Code of Civil Procedure”, explains Fernanda.
The action can be either civil, for moral damages, or criminal, for fraud, and the victim also needs a protective measure, especially when it involves commercial and financial relationships, according to lawyer Renata Furbino, professor of Criminal Law at Uniarnaldo, in Belo Horizonte. “But above all, the person cannot be ashamed to be able to take the necessary measures to recover the amounts,” explains the professor.
To prevent these scams, it is essential to adopt some security measures, such as avoiding sharing personal and financial information with people you have just met, whether in person or online, according to André Damiani, an expert in Economic Criminal Law and founding partner of Damiani Sociedade de Advogados. “Being cautious with requests for money and verifying the authenticity of the profile of the person you are in a relationship with is essential in these cases, as is being aware of warning signs such as very quick declarations of love,” he said.
It is also important to pay attention to the deadline. This is because this representation must be made within six months from the date of knowledge of the authorship, under penalty of the right to representation being forfeited. “Since the changes promoted in 2019, fraud has become a crime subject to public prosecution subject to representation. In other words, the victim must represent the perpetrator within six months, under penalty of the criminal no longer being able to be prosecuted,” explains lawyer Gisela Borges, criminal lawyer and partner at Gamil Foppel Advogados Associados.
