A reparação civil como direito fundamental da vítima no processo penal: do obscurantismo ao reconhecimento da sua dignidade

Abstract

The present research seeks to investigate from the critical-victimological thinking, the role of the victim of crime in the Brazilian criminal and penal system, to investigate whether their dignity is being preserved by the classic retributive model. It was concluded that the victims are in a state of marginalization. Based on this observation, the existence and observance of the main rights and fundamental guarantees belonging to the offenders in our charter, specifically on the recognition, protection and promotion of civil reparations, access to justice, as well as the national fund for the protection of victims of crime. We have identified the need to create a new and modern paradigm of criminal justice that meets the aspirations of the Democratic State of Law, which rethinks or surpasses the traditional model of reparation through civil reparation in favor of the victim. After this analysis, we investigated whether the aforementioned fundamental right was really the guiding path of legislative creation and legal culture, in the sense of introducing it within the scope of the Brazilian penal system, especially in the area of criminal proceedings to rebuild the dignity of offended persons violated by crime, as well as to make the perpetrator of the criminal offense consistent. Therefore, by reading the institutes of material and procedural criminal law available in the Brazilian legal system, we examine their means of obtaining and we conclude that the reparation is not sufficiently available to the offended in the Brazilian order, as we understand that alluded fundamental right is the main a path to the reconstruction of the dignity of the victim, but that in certain crimes must be accompanied by psychosocial and health care measures to achieve their full effectiveness.