Meaning of Illicit Enrichment (What It Is, Concept and Definition)

Illicit enrichment is the increase in an individual's wealth at the expense of another person. It is characterized by the addition of assets or other types of values ​​to personal assets, causing harm to another person.

Illicit enrichment is also defined as a form of unjustified enrichment, because there is no legal justification for it to happen, that is, there is no legal cause for enrichment.

Therefore, in order for the illicit enrichment to be confirmed, both situations must be present:

1. equity increase of a person.
2. Decrease in equity from another person (injury).

Illicit enrichment in the Civil Code

In the Civil Code (CC), illicit enrichment is described in chapter IV, which deals with unjust enrichment.

By law, whoever receives a value that can result in unjust enrichment has a duty to return the value. Look:

Art. 884. Those who, without just cause, enrich themselves at the expense of others, will be obliged to refund what was wrongly earned, after updating the monetary values.

Improper payment in the Civil Code

The Code also determines which amounts that were unduly paid must be returned to avoid unjust enrichment.

The same situation applies to anyone who receives a payment on a debt before the obligation in the contract has been fulfilled.

Art. 876. Anyone who has received what was not owed to him is obliged to repay; obligation incumbent on the one who receives the conditional debt before the condition is fulfilled.

Also read about the meaning of civil Code.

Illicit enrichment of public agents: administrative misconduct

This specific case involves public agents, that is, people who hold some position or function in public administration bodies. It is ranked in the list of cases of administrative dishonesty, those that involve dishonest attitudes on the part of servers.

Read more about the meaning of administrative dishonesty.

This situation includes people who take advantage of some facility in their public office to obtain a financial advantage that increases their wealth.

Illicit enrichment of public agents is regulated by Law No. 8429/92, which provides for penalties for civil servants in these cases. According to this law, there are 12 situations of illicit enrichment, which are characterized by:

1. receive a bonus given by someone who can benefit from an action of a public official,
2. get an economic advantage to facilitate negotiation of movable and immovable property or the contracting of services,
3. gain an economic benefit to assist businesses involving public goods or provision of services by a State agency,
4. use public equipment and materials in private works or services; or use the work of public servants,
5. receive financial benefits to allow illegal practices like gambling, smuggling and drug trafficking,
6. to do false statements on measurements, quantities, qualities or characteristics of public works or goods,
7. purchase goods of incompatible values with the income of a public servant,
8. accepting advantages or employment from individuals or legal entities who may benefit from your functions as a public servant,
9. benefit from release public funds,
10. get some economic benefit to omit statements or measures what should i do,
11. incorporate public goods to his patrimony,
12. use public goods or income to which they have access by reason of their position to meet their personal needs.

Illicit enrichment and unjust enrichment: is there a difference?

It is important to know that some jurists understand that the expressions are equivalent, as they ultimately result in an increase in one person's wealth at the expense of the loss suffered by another.

However, there are some authors who consider that they are similar concepts, but with some differences. For these, the illicit enrichment it would be the increase in equity at someone else's expense and motivated by bad faith.

already the unjust enrichment it would be the use of a situation that was not caused by the person receiving the value, but in which the individual takes advantage of the situation that occurred. For example: when an undue payment occurs that is not returned.

See also the meanings of improbity, bribe and illicit.