Ação civil ex delicto : reflexos da lei nº 11.719/2008 na reparação do dano causado pela infração penal

• Autor(a) principal: Morais, Ana Paula de Avellar
• Data de Publicação: 2010
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Espírito Santo (riUfes)
• Texto Completo: http://repositorio.ufes.br/handle/10/2706
• topic: Civil action ex delicto.; Damage.; Penal infraction.; Civil reparation.; Ação civil ex delicto.; Infração penal.; Direito Processual Civil; Processo civil.; Danos (Direito).; Atos ilícitos.; Reparação civil.; 340

A person who suffers legal damages might be able to use tort law regulated in the Civil Code and Civil Procedure Code to receive compensation from someone who is legally responsible, or liable, for those injuries. Among these injuries, the criminal acts could not be apart of these regulations, since it is possible to affirm that there is a connection between the juridical codes. The article 63, paragraph 1 and the article 367, section IV of the Criminal Procedure Code was determinated by the Law 11.719/2008. Considering, thus, these recent and controverted regulation concerning on the subject it analisys in a deeper point of view the question about the civil compensation ex delicto and its consequences in the Brazilian procedure civil code. The compensation systems are described. The victim valuation in the Brazilian system is also analyzed, especially after the 2008 improvement, in a parallel with other countries systems. Succeeding, the question of compensation caused by criminal acts was brought to light, specifically, and the fine imposed in traffic crimes, precursor of the civil compensations in tort law. The innovations brought by these regulations are analyzed based in the autonomy of the civil and criminal jurisdictions mitigated due to the possibility of setting a minimum compensation in the criminal judgment. Yet, the present work emphasizes the possibility of the civil judge to fix the compensation ex delicto, the competing ability of the civil and criminal judges, the controversial constitutionality of article 63 of the Criminal Procedure Code and the procedure for the effective criminal judgement execution in the civil judgment. The central point, therefore, was to stand out the consequences of the alterations promoted through Law 11.719/2008, in the Criminal Procedure Code related to the damage recovery and the main controversial points.