Análise da legitimidade do arbitramento da indenização por dano moral coletivo em crimes de natureza supraindividual

Abstract

The objective of this work is to analyze whether it is possible for the magistrate to set a value as indemnity for collective moral damages, in a condemnatory criminal sentence, in relation to crimes of a supra-individual nature. In this regard, a brief analysis of the concepts of moral damage, collective moral damage and crimes that refer to the protection of legal interests of a supra-individual nature. this seeking understand the particularities of the moral damage institute, its application against the collective as a victim and the definition of supra-individual legal good, to specify which crimes are aimed at their protection. In this light, a study will be carried out regarding the damage covered by device 387, item IV of the Code of Procedure Penal Code, in order to define whether only material damages would fit or, also, damages moral and collective moral damages. In addition, if it is reasonable that moral damages collective rights have their reparation granted by means of a condemnatory criminal sentence, in view of of supra-individual crimes, observing their compensatory, punitive and pedagogical. For this purpose, doctrinal understandings and jurisprudence, as well as the current legislation, aiming to conclude whether the The Brazilian legal system allows for the setting of a minimum indemnity amount to title of reparation for collective moral damages in the face of a crime of a nature supraindividual, in a criminal sentence condemning