A representação condicionada como obstáculo à ação penal no estelionato religioso: vulnerabilidade das vítimas e a ineficácia da proteção estatal

Abstract

This paper analyzes the requirement of victim representation as a condition of admissibility in cases of fraud with religious motivation, aiming to understand its effects on the effectiveness of state criminal prosecution. Based on the understanding that faith, when manipulated, constitutes a means of inducing error in contexts of intense emotional and symbolic vulnerability, this study investigates the legal and institutional limits imposed on the effectiveness of criminal prosecution. Law No. 13.964/2019 (Anti-Crime Package) established victim representation as a prerequisite for initiating criminal proceedings in fraud cases, including situations where intent materializes through false spiritual promises. In this context, the paper considers whether requiring the victim’s expression of will, in scenarios marked by silence, subordination, and lack of material evidence, operates as a barrier to justice and contributes to impunity. The methodology adopted is qualitative, based on bibliographic and documentary research, and structured on the dogmatic analysis of the criminal offense, the probative challenges, and procedural limitations. The study concludes that, when required from hypervulnerable victims, representation acts as a mechanism of institutional exclusion and proves incompatible with the state’s duty to ensure effective penal protection.