Processamento do delito de estelionato após a Lei no 13.964/2019: análise a partir da dinâmica jurisprudencial e o efeito na insegurança jurídica

Abstract

This article aims to examine the discussion regarding the crime of estelionato (fraud), which underwent significant changes in its processing with the enactment of Law No. 13,964/2019, responsible for altering the nature of the criminal procedure related to this offense to become a public criminal procedure subject to representation by the victim. Firstly, the basic principles of the crime of estelionato were studied, as well as the political-criminal reasons behind this novatio legis, all within the context of retroactivity of more beneficial criminal laws in time, particularly in substantive and mixed laws, and the requirement of representation. Subsequently, in order to follow the jurisprudential evolution, the impacts of decisions from higher courts on first and second instance decisions were evaluated, aiming to highlight the need to establish a more rigorous system of precedents in the Brazilian legal system.