Art. 30. It will be up to the offended party or whoever has the capacity to represent him to bring a private action.
Considerations
Private action: The action is said to be private for didactic reasons only, insofar as it is moved by a private individual. Action is the right to claim jurisdictional provision, a public right, therefore, every action is public.
Types of action: Public criminal action is divided into conditional and unconditional. The unconditioned can be conditioned to the representation or to the request. The private action can be: private, very personal private or subsidiary private. There is only one case of very personal private, which is the one that is verified in the crime of article 236 of the CP , in which only the deceived party can file a complaint. The private subsidiary is the action brought by the offended party when the MP does not propose the action within the legal term.
Offended: Espínola Filho clarifies that offended is the person immediately and directly affected by the crime.
Representative: If the victim is under 18 years of age, only his/her representative (parents, guardian or curator) is authorized to file the complaint. In the absence of a legal representative, whoever has custody of the minor may file a complaint. Foundations, associations or legally constituted companies are represented by whoever the respective contracts or statutes designate or, in the absence of these, by their directors or managing partners (article 37 ) . Nullity due to illegitimacy of the party’s representative may be remedied ( Article 568 ), provided that the six-month statute of limitations has not elapsed.
Complaint: The private action starts with the presentation of the complaint. Complaint must be understood in its technical sense: it is the initial accusatory piece of private criminal action. It must contain the requirements of article 41 of the CPP , in particular the narration of the criminal fact.
