A (im) possibilidade da fixação de danos morais coletivos nos crimes contra a administração pública

Abstract

The present monographic work analyzes the possibility of the magistrate, in condemnatory criminal sentence, set collective moral damages in relation to crimes committed against the Public Administration, in particular, the crime of corruption. Search still demonstrate the existing controversy about which damages would be covered by article 387, item IV of the CPP, that is, if it would only be material damages or if would also encompass moral damages and collective moral damages. still posted, the collective moral damages as one of the effects of the criminal sentence conviction in crimes committed against the Public Administration, in view of the its punitive function and its pedagogical character. To achieve this end, it makes a exposition and study of contrary doctrinal and jurisprudential arguments and favorable opinions about moral damages and collective moral damages being included as damages to be repaired in the provisions of article 387, item IV of the CPP, in addition to present an analysis about the effects of the condemnatory criminal sentence, the history and elements for the characterization of moral damages and moral damages collectives in the Brazilian legal system