As controvérsias acerca da representação criminal na lei nº 9.099/95: uma análise voltada para as vítimas de crimes

Abstract

The purpose of this study is to analyze the criminal representation institute in the Special Criminal Courts, highlighting the issues raised regarding the decadential term for representation, as well as the validity of the criminal representation in the inquisitorial context and its need for ratification in court under the of victims of crime. This is because, in its article 75 on the exercise of the right of representation after the failed attempt to compose civil damages, Law 9,099 / 95 opened the door for doctrinal and jurisprudential discussions about the deadline established for the performance of criminal representation. In spite of the existing differences, it would be necessary to conclude a period different from the provisions of Article 38 of the Code of Criminal Procedure, understood as the term referred to in the caput of article 75 of Law 9.099 / 95, since it would constitute a clear violation of the principle of legality. In addition, representation is an institute that arose in order to make it possible for the victim of crimes to provoke the ministerial body to promote criminal prosecution, thus consisting of a right of the latter. To ensure the exercise of this right, it is necessary to adopt a position that is favorable to criminal representation in the inquisitorial context. In this context, there is no doubt that the application of the institute in the police sphere would allow greater effectiveness of the jurisdictional provision, respecting the criteria and purposes of Law 9,099 / 95, besides allowing the victim of crimes to have their rights enforced by the judicial apparatus, thus ensuring compliance with the principle of prohibition of insufficient protection.