A responsabilidade processual penal pelo produto que cause perigo de lesão ao consumidor: a prova suficiente


IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia




This paper aims to identify the sufficient evidence in the context of the criminal procedure responsibility for the product that may cause damage to the consumer. The subject is relevant once the Criminal Law expansion in the risk society requires a new regard to the Criminal Procedural Law so that both of them can work harmonically for assuring the supraindividual protected legal interests. In that way, the developed research initially contextualizes the issues related to changes that occurred from the 20th century on, such as the arising of new criminally protected legal interests; the risk preventive criminal policies that are requested for due to the scientific uncertainty that lies in the consumer transactions; the modern Criminal Law purpose and the matter of abstract danger crimes causality. Then, the legal references on consumer penal protection are presented as well as some paradigm cases which have taken place in Germany and Spain and they are used to illustrate how much we need to reinterpret our Criminal Procedure Statute when it comes to the evidence valuation. The meditation on the evolution of the procedure stages shows that the criminal prosecution is more than a mere tool for Criminal Law, because they are juridical institutes which have a deep functional relationship. All things considered, this research highlights that the judge should analyse the sufficient evidence in the criminal prosecution by the free conviction reasoning rules - that means considering the possible evidences in case by the means of the indirect evidence, the use of practical maxims for the judgment of the parties allegation verisimilitude and the indispensable proportionality principle application. The thesis of the present paper reveals that the clues are sufficient evidence of the responsibility for the product that may cause damage to the consumer. All this apparatus makes the Procedural Law rational adjustment to the Criminal Law expansion and avoids insufficient protection of the consumer who is exposed to risk of damage


direito penal e processual penal prova indireta responsabilidade pelo produto perigo de lesão ao consumidor livre convicção motivada proporcionalidade criminal and procedural law indirect evidence responsibility for the product risk of consumer damage free conviction reasoning rules proportionality

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