ESTELIONATO SENTIMENTAL NAS REDES SOCIAIS: DESAFIOS CONSTITUCIONAIS E A RESPONSABILIZAÇÃO PENAL POR ANALOGIA

This article analyzes the possibility of criminal liability, by analogy, in cases of emotional fraud committed through social networks, in a scenario of exponential growth in virtual emotional fraud. Given the lack of specific criminal classification in the Brazilian legal system, we investigate whether the application of analogy could fill this gap, without violating the constitutional principles that govern Criminal Law. The research adopts a qualitative approach, with an exploratory and descriptive character, based on the analysis of doctrinal, jurisprudential and empirical data on specific cases. We discuss the constitutional limits of analogy in the criminal sphere and the need for legislative update in view of the complexity of virtual relationships. We conclude that, although analogy to the detriment of the defendant is, as a rule, prohibited, the effective protection of victims of new types of fraud demands critical reflection and urgent normative evolution.