Direito Civil - Aula #129 - Ação Civil "Ex Delicto" (É isso!)

Summary

The video script discusses the concept of the 'ação civil ex delicto,' a civil action arising from a criminal offense. It explores the relationship between criminal and civil law, emphasizing the importance of the criminal judgment in preempting civil actions. The script details how criminal sentences, whether condemning or acquitting, influence civil cases. It also highlights the role of the assistant to the public prosecutor and the potential for suspending civil cases pending the outcome of criminal cases. Overall, the video aims to explain the interaction between civil and criminal law and the complexities of liability in legal actions.

Takeaways

• 😀 A 'Ação Civil Ex Delicto' is a civil action arising from a criminal offense, where a civil liability is determined based on the consequences of a crime.
• 😀 In cases like traffic accidents, both criminal and civil law may apply, with criminal law addressing criminal offenses and civil law dealing with liability for damages.
• 😀 Criminal judgments (penal) hold greater importance than civil judgments (civil), as they can impact a person’s freedom, whereas civil judgments primarily concern financial compensation.
• 😀 In criminal cases, the pursuit of 'real truth' is paramount, while in civil cases, the 'formal truth' based on the evidence in the records is sufficient.
• 😀 Criminal judgments can have binding effects on civil cases, especially in cases of conviction or acquittal, influencing the determination of civil liability.
• 😀 If a criminal judgment is acquittal due to insufficient evidence, the civil court remains free to make its own decision regarding civil liability.
• 😀 The principle of 'in dubio pro reo' (in doubt, favor the defendant) applies in criminal cases, where insufficient evidence leads to acquittal.
• 😀 The impact of criminal judgment on civil cases depends on the type of criminal verdict: a conviction or acquittal binds the civil court, but an acquittal for lack of evidence does not.
• 😀 The role of the assistant to the public prosecutor (Ministério Público) is discussed, with two schools of thought about whether the assistant can appeal to increase the penalty or only seek civil reparation.
• 😀 In cases of simultaneous civil and criminal proceedings, the civil case can be suspended for up to one year while waiting for the criminal case to conclude, or a civil case can be initiated after a three-month waiting period from the start of the criminal case.

Q & A

What is an 'ação civil ex delicto'?

An 'ação civil ex delicto' is a civil action arising from a criminal offense, where the consequences of the offense extend beyond the criminal realm, impacting civil law as well.

Why is the criminal court considered more important than the civil court?

The criminal court is considered more important because it deals with fundamental rights such as the freedom and life of an individual, while the civil court typically addresses matters related to property or financial compensation.

What is the primary focus of the criminal court's judgment?

The primary focus of the criminal court's judgment is to determine the 'real truth' regarding the crime, including the existence of the crime and the identity of the perpetrator.

What is the difference between the civil and criminal judgments?

Civil judgments are concerned with the determination of liability, often involving compensation, while criminal judgments aim to address whether a crime occurred and who is responsible for it, with potential consequences like imprisonment.

What happens if a criminal judgment is 'absolutory due to lack of evidence'?

If a criminal judgment is absolatory due to lack of evidence, it does not bind the civil court. The civil court remains free to determine whether civil responsibility should be attributed, as it is only concerned with property and damages.

What are the three types of criminal judgments?

The three types of criminal judgments are: 1) Condemnatory, 2) Absolutory due to existence of proof of innocence, and 3) Absolutory due to lack of sufficient evidence to convict.

What is the effect of a condemnatory criminal judgment on the civil court?

A condemnatory criminal judgment binds the civil court, meaning the civil court must acknowledge the criminal judgment and determine civil responsibility, often including a minimum value for compensation.

What role does the assistant to the public prosecutor play in a criminal case?

The assistant to the public prosecutor, usually hired by the victim or their family, helps with the prosecution. They may seek a conviction in criminal court to obtain a criminal title, which can later be used in civil court for compensation.

What happens if a criminal trial has not yet begun and the civil lawsuit is pending?

If the criminal trial has not yet started, the civil court may suspend the civil case for up to three months, waiting for the initiation of the criminal process before proceeding with the civil case.

What happens when the criminal and civil judgments conflict?

When criminal and civil judgments conflict, the law does not explicitly address how to resolve this contradiction, creating a gap in legal clarity. However, the civil court typically has the discretion to make its decision after waiting for a reasonable period, generally up to one year.