Fixação de indenização no processo penal

Abstract

This study sought to examine the fixing of compensation in criminal proceedings, by modifying the Law 11.719 / 2008 made in Article 387, IV, authorizing the judge to pronouncing condemnatory sentence to fix the minimum amount as compensation taking into account the damage suffered by the victim. The victim's rediscovery was examined in criminal proceedings, and concerning recommendations made by international institutions, such as the United Nations, the Council of Europe, the European Court of Human Rights and the Inter-American Court of Human Rights. They were also exposed cases in which Brazil was condemned by the ICHR and must compensate the victims or their legal representatives. After, a study of the victim was carried out in our legal system, the Criminal Code, Criminal Procedure Code and the draft of the new Code of Criminal Procedure. In a second step was made the reflection on the concepts of criminal offense and civil offense, such as the separation of these two spheres, and the effects that a sphere can to cause to another, as in ex delicto civil action. Finally, it was analyzed some violations that may be caused about the compensation in the criminal proceedings, as the principles of due to legal process, of congruence and ample defense and contradictory, also the violation of the object of the criminal proceedings and its distortion.