O PROTESTO DA SENTENÇA CONDENATÓRIA COMO MEIO EFETIVO DE REPARAÇÃO ÀS VÍTIMAS DE CRIMINALIDADE

Abstract

This article is dedicated to reflecting on the effectiveness of the right of crime victims to compensation for damages caused by criminal offenses in Brazil. In property crimes, it is clear that the victim suffers property damage, but moral damage may also result when violence is used against the offended person, as is already recognized in cases of violence against women in the domestic and family context. If a condemnatory sentence prevails, compensation for material and moral damages may be fixed, at a minimum value, based on art. 387, IV, of the CPP, at the request of the prosecution. The problem that arises is how the victim can make this reparation established in the criminal sentence effective. In this sense, the article presents the right to reparation for material and moral damage resulting from the criminal offense as a consecration of the victim's human dignity and then analyzes the treatment given to reparation at the international level, in the regional human rights system and in the legal system. internal. In the end, it addresses the possibility of protesting the criminal conviction that sets minimum compensation for the victim, based on art. 517 of the CPC, as an efficient strategy in favor of criminal victims to realize the right to compensation. The study has an exploratory and descriptive character, the method adopted is deductive and the research technique is bibliographic and documentary.