NÒBREGA, M. I. S.; NÒBREGA, Mariama Isabela Soares.
Abstract:
This essay analyses and discusses about the effects of the condemnatory criminal
sentence, considering the changes brought forward by Law 11.719/08, which
amended art. 387, IV of CPP, disciplining that now the criminal magistrate, when
giving a criminal sentence, should set minimum indemnity, in computing the civil
responsibility of the author of a criminal offense. It happens that such a device
violates the principle of independence of the courts, as provided in the Federal
Constitution, art. 2. The Article 935 of the Civil Code, while establishing the
independence of the courts, reveals that the civil jurisdiction depends on the transited
and judged criminal sentence; this subject has an obligatory character. When judged
the same unlawful act, the influence of criminal decision in the civil sphere is
exercised, since it can no longer discuss about the authorship and materiality of the
fact. The goal is, thus, to identify the difference and the incidence of civil unlawful
acts and criminal acts, analyze the range of the criminal sentence and the application
of the principle of independence of the criminal and civil jurisdictions and its
concurrent competence, and identify the main effects of the condemnatory criminal
sentence in civil responsibility, especially regarding the applicability of current art.
387, section IV of the CPP. From that, it analyzes a relativization of the principle of
independence of the courts, concluding that despite the independence of the courts,
they need each other, considering that the right is universal, and must avoid
contradiction. To reach the result, a regulated approach in deductive method is
accompanied, building a scientific thesis from the legal provisions, using research
conducted from the bibliography, of indirect technical documentation, under the
effects of the condemnatory criminal sentence theme, facing the independence of the
criminal and civil jurisdictions. It is also used methods of specific methodology, as the
monographic and historic, to embrace the theme. Thus, it provides a specific
verification on the effects of criminal jurisdiction in civil responsibility, showing a
relativization of independency between jurisdictions and not an unconstitutionality.