Estelionato judiciário: análise da atipicidade do estelionato judiciário em ações de aposentadoria rural sob a ótica do Ministério Público Federal

Abstract

This monography deals with the discussion of the atypicality of the crime of judicial swindle, as well as for the analysis of the Federal Prosecution Service in the face of the police investigations established for this purpose, either internally, before the Chamber of Coordination and Review of the body itself or in the before the floor judges. To do this, initially, an approach to the crime provided for in article 171 of the Brazilian Penal Code is made, with emphasis on the third paragraph, which provides for the increase of sentence when the crime is committed against a public entity. In this sense, judicial swindle misleads both the social security authority and the judiciary, so it would have legal provision. However, it should be pointed out that for the consummation of the crime, two crimes are formerly practiced: ideological falsehood and the use of a false document. These, if established as autonomous crimes, leave no alternative but the filing of the investigation, since the object of the crime, the declaration of rural activity, has no harmful potentiality. On the other hand, by imputing the figure of swindle, by force of the principle of consummation, again, another measure could not be adopted, since the majority doctrine considers the judicial swindle atypical.