BETWEEN PASSION AND FRAUD: THE EVIDENTIAL COMPLEXITY OF SENTIMENTAL EMBEZZLEMENT

The article aims to study sentimental  embezzlement, how it develops in  civil liability, it is the action in which one of the partners uses the trust of the affective relationship to obtain patrimonial advantage. The complexity in defining the extent to which the legal system can interfere in private relationships, differentiating mere love disappointments with fraud. The objective was to analyze the point of view of the Brazilian Judiciary in relation to the evidentiary challenge of these cases and the criteria applied for recognition. The relevance of the study is justified by the high incidence of this illicit act in face-to-face and digital contexts, the absence of specific criminal classification and the need to protect the patrimonial and psychological dignity of the victims. The research used the method of jurisprudential analysis, with consultations on court websites and legal platforms, selecting decisions of the 1st instance to the STJ, valid and unfounded, through which elements, similarities and distinctions were compared. The results show that the violation of good faith and the presence of intent are essential elements to differentiate fraud from mere deception, being admitted the reparation for material and moral damages and, in more serious cases, the framing of article 171 of the Penal Code. The influence of digital platforms on the increase in fraud, emotional and financial vulnerability as a determining factor and the impact of gender on judicial evaluation are verified