Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 31º CPP – Death of the Victim.

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Art. 31. In the event of the victim’s death or when declared absent by court decision, the right to file a complaint or pursue the action will pass to the spouse, ascendant, descendant or sibling.

Considerations

Persons authorized to file a complaint or pursue the action:  The persons referred to in this provision may file a complaint or pursue the action in the event of the victim’s death or when declared absent. The enumeration is not exhaustive. Representation is an institute created in favor of the victim (and his memory), not the defendant. The norms that regulate it must be interpreted in favor of the will and interests of the victim. The principle of favor king does not apply to these norms  , and they can be subject to extensive interpretation.

Stable union between man and woman:  The right provided for in article 31 extends to the partner, in the case of a stable union ( Law n. 9.278/96 ).

Same-sex union:  The CF recognizes the stable union between a man and a woman as a family entity ( article 226, paragraph 3, of the CF ). The same goes for the same-sex partner, since the STF, when judging the  Direct Action of Unconstitutionality (ADI) 4277  and the  Argumentation of Non-compliance with a Fundamental Precept (ADPF) 132 , recognized the stable union for same-sex couples. The right provided for in article 31 extends to the partner, in the case of a stable same-sex union.

Deadline for filing the complaint:  The successor will lose the right of complaint or representation if he does not exercise it within a period of six months, counting from the day he learns who the author of the crime is (article 38 ) .

Fim

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Summary