Table 2: Summary of Surrounding Legal Framework (Civil Law) Jurisdiction Definition of ‘victim’ Complaint Procedures and Private Prosecution Other Support Brazil A victim is the person (natural Complaints can be oral or written Private prosecution is possible in two or moral) or abstract entity (e.g.: and can also be lodged online. situations: 1) in relation to crimes that society, customs) which is There are no fees to be paid. can only be prosecuted under this type of injured by a criminal conduct in suit (e.g.: crimes against honour – accordance with the definition In two types of prosecution defamation, calumny and moral injury –, of the crime. (private prosecution and public invasion of property without violence, prosecution subject to victim fraud to execution, damage of property); representation), which only or 2) as a substitute for public involve certain types of crimes prosecution, when the Prosecutor in (generally to the privacy of charge fails to indict the accused by the the victim), a complaint by the legal deadline. The costs are to be borne victim is required. by the claimant, though in case of poverty, and if the victim has not sought Once the indictment is offered and free legal counselling, the Judge may the prosecution officially starts, appoint a private counsel to represent victims are entitled to her and waive any other judicial costs. In multidisciplinary support services, relation to minors or mentally ill victims, including social, psychological, and those who lack a legal representative health-related and legal measures, or whose legal representative’s right to be determined by the Judge if collides with their own, the Judge may she believes them to be necessary appoint a special curator (curador especial) The Ministry of Justice introduced to initiate the private prosecution. victim counselling by a Circular in 1998. Victim counselling In case of the first type of prosecution, institutions are independent, run the Prosecutor may amend the charges, by volunteer counsellors and the request new evidence and participate in police have no influence on the the prosecution with all of her regular organization or on the concrete powers. In the second scenario, the assistance and advice provided to Prosecutor may exercise all of her rights,
Table 2: Summary of Surrounding Legal Framework (Civil Law) Jurisdiction Definition of ‘victim’ Complaint Procedures and Other Support Private Prosecution Brazil A victim is the person (natural or moral) or abstract entity (e.g.: society, customs) which is injured by a criminal conduct in accordance with the definition of the crime. Complaints can be oral or written and can also be lodged online. There are no fees to be paid. In two types of prosecution (private prosecution and public prosecution subject to victim representation), which only involve certain types of crimes (generally to the privacy of the victim), a complaint by the victim is required. Once the indictment is offered and the prosecution officially starts, victims are entitled to multidisciplinary support services, including social, psychological, health-related and legal measures, to be determined by the Judge if she believes them to be necessary The Ministry of Justice introduced victim counselling by a Circular in 1998. Victim counselling institutions are independent, run by volunteer counsellors and the police have no influence on the organization or on the concrete assistance and advice provided to Private prosecution is possible in two situations: 1) in relation to crimes that can only be prosecuted under this type of suit (e.g.: crimes against honour – defamation, calumny and moral injury –, invasion of property without violence, fraud to execution, damage of property); or 2) as a substitute for public prosecution, when the Prosecutor in charge fails to indict the accused by the legal deadline. The costs are to be borne by the claimant, though in case of poverty, and if the victim has not sought free legal counselling, the Judge may appoint a private counsel to represent her and waive any other judicial costs. In relation to minors or mentally ill victims, and those who lack a legal representative or whose legal representative’s right collides with their own, the Judge may appoint a special curator (curador especial) to initiate the private prosecution. In case of the first type of prosecution, the Prosecutor may amend the charges, request new evidence and participate in the prosecution with all of her regular powers. In the second scenario, the Prosecutor may exercise all of her rights,
Final-REDRESS-Report-v3-15.4.2015.docx