A revista da mulher na era digital

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A Lei tem que tratar homens e mulheres de modo igual.

Direito

Estelionato sentimental

O Tribunal de Justiça do Distrito Federal manteve a sentença que condena um homem a devolver à ex-namorada o total de dinheiro que ela deu a ele durante dois anos de relacionamento depois de ela comprovar que sofreu “estelionato sentimental”. A decisão já havia sido proferida pela 7ª Vara Cível de Brasília no ano passado, mas o acusado recorreu. Não cabe mais recurso à decisão.

A mulher afirma que contraiu dívida de R$ 101,5 mil para ajudar o companheiro. A relação acabou depois de ela descobrir que ele reatou o casamento com a ex-mulher quando eles ainda estavam juntos.

Além do pagamento da dívida, a vítima pediu R$ 20 mil por danos morais. A soma dos valores – incluindo as transferências bancárias, dívidas, compras de roupas e sapatos e contas telefônicas – ainda vai ser apurada e corrigida. A solicitação indenização não foi acatada.

De acordo com mensagens anexadas ao processo, o acusado pedia dinheiro à ex com frequência, alegando estar aguardando nomeação no trabalho.

Entre as mensagens, estão: “Poe um creditozinho no meu cel, se for possível”, “Vc pode me passar R$ 30,00 p a minha conta. Preciso resolver um probleminha aqui” e “É possível passar 50,00? Quero lanchar no caminho.” (sic).

Em outra mensagem, o ex-namorado chega a falar que tem consciência de que a mulher não tinha o dinheiro. “Minha querida, estou precisado de 350,00 desesperadamente. Sei que vc mal recebeu o pagamento e já está no cheque especial, mas n tenho a quem recorrer. Posso transferir da sua conta p minha?.”

A mulher disse ainda que comprou roupas e sapatos, pagou contas telefônicas e emprestou o carro ao ex. Além disso, afirma que autorizou o acusado a usar o cartão dela para transferir dinheiro. Dados juntados à ação comprovaram que ele repassou R$ 1 mil da conta da então namorada para a mulher com quem havia se casado.

A vítima alega ter sofrido danos morais com a situação. “Vergonha que teve que passar perante amigos e familiares, por ter sido enganada e ludibriada por um sujeito sem escrúpulos e que aproveita intencionalmente de uma mulher, que em um dado momento da vida está frágil, fazendo-a passar, ainda, pelo dissabor de ver seu nome negativado junto aos órgãos de defesa do consumidor”, aponta a defesa.

O ex-namorado contestou a denúncia, dizendo que não eram empréstimos, mas “ajudas espontâneas”. Também afirmou que ela tinha conhecimento de que ele decidiu reatar com a ex-mulher e que propôs manter um relacionamento paralelo. Além disso, disse que ela não pode querer cobrá-lo apenas porque ele decidiu pôr um fim ao namoro.

Responsável por analisar o caso em 1ª instância, o juiz Luciano dos Santos Mendes entendeu que a mulher ajudou o acusado por causa da aparente estabilidade do relacionamento. Segundo ele, o comportamento é natural entre pessoas que almejam um futuro em comum e que, diante disso, não há por que se falar em pagamento por causa da ajuda.

” Embora a aceitação de ajuda financeira no curso do relacionamento amoroso não possa ser considerada como conduta ilícita, certo é que o abuso desse direito, mediante o desrespeito dos deveres que decorrem da boa-fé objetiva (dentre os quais a lealdade, decorrente da criação por parte do réu da legítima expectativa de que compensaria a autora dos valores por ela despendidos, quando da sua estabilização financeira), traduz-se em ilicitude, emergindo daí o dever de indenizar “, explicou o magistrado.

Fonte: JusBrasil

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