A sanção civil por dano moral do(s) autor(es) de crime de homicídio doloso e como desestimular este crime
Autor | Robson Zanetti |
Cargo | Advogado. Doctorat/DEA Droit Prive Université Panthéon-Sorbonne Paris 1. Corso Singolo Diritto Privato Università degli Studi di Milano. E-mail: robsonzanetti@robsonzanetti.com.br |
A vida é muito preciosa para ser facilmente tirada, é o maior direito que temos!!!
Nossa preocupação neste artigo é com a sanção civil e não penal do autor(es) do crime de homicídio. Ainda estaremos nos limitando a tratar da sanção civil a título de dano moral e não de dano material, bem como, do crime de homicídio doloso e não culposo e a penhorabilidade do bem de família do(s) autor(es).
Uma vez havendo elementos de convicção quanto a autoria do crime deveria haver a possibilidade legal de o juiz tornar desde logo indisponíveis os bens (utilizaremos o termo no plural, pois um bem poderia ser suficiente) do suspeito para que numa eventual condenação civil a título de danos morais estes pudessem ser pagos aos beneficiários do dano causado.
Mas qual o valor do dano moral causado pela lesão a vida? Este valor não é fixo, não existe um critério legal definindo quanto vale a vida, assim seu valor deveria ser extraído através da média de julgamentos provenientes do Superior Tribunal de Justiça em casos análogos ou próximos, os...
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