Commentary on Judgment No. 37474 of 2024: Fraud and the Act of Disposition of Assets
The recent judgment No. 37474 of September 20, 2024, issued by the Court of Cassation, addresses a highly relevant issue in the field of criminal law, particularly regarding the configurability of the crime of fraud. The Court has established that an act of asset disposition, necessary to integrate the crime of fraud, does not necessarily have to be a legal act in the strict sense. This clarification has the potential to significantly influence the assessment of situations involving unlawful behaviors in the economic sphere.
The Regulatory and Jurisprudential Context
The judgment is based on Article 640 of the Penal Code, which defines the crime of fraud. According to the Court, in order to speak of fraud, it is sufficient that the victim's act of asset disposition translates into a behavior capable of causing harm. This aspect is particularly important considering that, in the case examined, the victim had provided the defendant with identification documents and signed forms, which were subsequently used to activate financing without her consent.
Objective element - Act of asset disposition - Notion - Case. For the configurability of the crime of fraud, the victim's act of asset disposition does not necessarily have to integrate a contractual or legal act in the strict sense, as it is sufficient that it translates into a behavior latently capable of producing damage. (Case in which the injured party, during the pre-contractual negotiations, had handed over to the defendant a copy of her identification documents, as well as signed some membership forms, which were then used to activate a bank loan charged to her without her consent).
Practical Implications of the Judgment
This judgment highlights some key points:
- The notion of act of asset disposition is broadened and not limited to formal contracts.
- Behaviors that may seem harmless, such as handing over documents, can have serious legal consequences.
- The protection of the victim must be a priority in the legal system.
With this decision, the Court follows a jurisprudential trend aimed at protecting victims of fraud, expanding interpretative horizons and reducing the possibilities of impunity for offenders. Previous maxims, such as those recorded in cases No. 17092 of 2022 and No. 28957 of 2020, confirm this trend.
Conclusions
Judgment No. 37474 of 2024 emphasizes how jurisprudence adapts to new forms of fraud that may manifest in contemporary society. The definition of act of asset disposition is broadened, allowing for greater protection for victims and a more effective response from the legal system. It is essential that individuals are aware of the risks associated with sharing personal information and how these can be exploited by wrongdoers.
