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O crime de estelionato contra o INSS através do cartão do benefício à impunidade

2011; Volume: 35; Issue: 2 Linguagem: Inglês

1984-7718

Flávio Cruz Prates, Daiane Barbosa de Oliveira,

Academic Research in Diverse Fields

This article is about swindling, a crime continuously committed by the people, since it does not represent a serious threat or physical violence; it is in the Brazilian Penal Code, art. 171. The penalty shall be increased (paragraph 3), if the crime is committed in detriment of the National Institute of Social Insurance (INSS), the most affected entity for paying various benefits, such as the retirement pension. In most cases, the procedures arrive when people have already been receiving the undue benefit after the death of their relatives or friends, and the authorities that should carry out a prompt inspection, do not have conditions for it. There are several consequences, such as the limitation (the State cannot punish them anymore), whose term starts from each fraudulent withdrawal. Thus, this governmental agency and the registry offices should be charged more strictly as to permit the judge to do justice since the only thing he can do is to follow his country’s laws.