Right to Compensation

Few people know, but a criminal conviction sentence constitutes an executive, judicial title, which confirms the offender’s obligation to compensate the crime victim. However, it’s ideal that the victim indicates the damages suffered before the process begins to avoid preliminarily liquidating the sentence to obtain the amount due as compensation. The offender is usually required to compensate the victim for material damages and may also have to pay compensation for moral or psychological damages. A compensation action means the offender must restore the situation that would exist if the crime hadn't been committed. This might include, for instance, expenses for repairing a damaged item, compensation for wage losses, or the cost of hospital treatment. The victim might also be entitled to financial compensation for pain and suffering if they have suffered physical or psychological damages, loss of freedom, or loss of the right to sexual self-determination.

There are hypotheses where the offender has the right to benefits, such as a non-prosecution agreement, a penal transaction, or conditional suspension of the process or sentence, to name a few examples. In these cases, if there are elements, damage repair is set as one of the conditions for granting the benefit, and, if complied with, extinguishes punishability. Therefore, it is crucial that, from the police phase, the victim provides all evidence elements, allowing a thorough assessment of the damage caused.

For minor offensive potential crimes of conditioned or private-public penal action, there is a hearing specifically designated for the attempt of composition between the victim and the offender. Minor offensive potential crimes are those whose maximum penalty doesn’t exceed two years. If an agreement is reached, the penal action is extinguished. If not, there’s still the possibility for the offender to benefit from a penal transaction, and jurisprudence has consolidated the understanding that it’s a subjective public right of the investigated under penalty of nullity.


Healthcare professionals victimised by the COVID-19 pandemic are entitled to compensation. To learn more, click here [link]. The Federal Constitution provides that indirect victims of crimes committed with violence are entitled to compensation from the State. However, the legislator has not yet regulated this rule. Some municipalities have created limited forms of compensation for orphans of femicide. To learn about the right to aid support in the city of São Paulo, click here [link].


Rights during the penal process:
The victim protection provisions of the Brazilian Penal Procedure Code also apply to victims of crimes committed in Brazil who are not Brazilian citizens.


Crime victims and those interested in the organisation can request information by emailing contato@provitima.org about the support services of the Instituto Pró Vítima. Forms will be forwarded to trained staff and immediately sent so that contact can be established in a short period.

You will receive information on how to get help, as well as referral to the public or private service suitable to meet your need.

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