Diálogos necessários entre as esferas cível e penal: pela efetividade da tutela reparatória de danos

Abstract

The present study analyzes some negative effects of the absence of dialogue between civil and criminal spheres, especially for the effectiveness of reparatory protection of damages for victims of criminal offenses. Often, civil and criminal courts are stimulated to resolve demands arising from the same fact, however, without any communication between them, which leads, frequently, to unnecessary civil actions, rediscussion of facts already investigated, production of evidence already consolidated, postponing litigation, reduction of the chances of a successful execution due to the patrimonial insufficiency of the author of the damage, higher costs for everyone involved, among other obstacles that hinder the effectiveness and speed of the process and greatly favor the congestion of the judicial machine. It is argued that, although the brazilian legal system preserves the independence between the civil and criminal spheres, this does not exclude the possibility of greater interaction between both, considering the unity of the jurisdiction, which is why it is not only possible but also necessary the dialogue between the both areas, courts and their respective processes, for which assume special relevance some instruments, already provided for in criminal law, which can greatly contribute to the dispute settlement related to civil responsibility, among them loan evidence, compensatory minimum in the criminal sentence and justice restorative. It is considered, on the other hand, the risks of the criminal court, by means of cooperation agreement, to hiden or prevent to civil reparation.