Os efeitos da sentença penal condenatória na responsabilidade civil a partir da vigência da lei n 11.719/2008.

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.