When someone becomes the victim of a crime, they often assume that the criminal process exists only to punish the offender. While accountability is important, the Brazilian justice system provides a more complete response: in addition to seeking the defendant’s conviction, the victim may also receive financial compensation within the criminal case itself. Most people are unaware of this possibility, even though it has existed for more than a decade and is expressly provided for in the Code of Criminal Procedure.
The mechanism for compensating victims in criminal proceedings was introduced by Law No. 11.719/2008 and significantly reshaped the role of the victim. Since then, judges may set a minimum amount of damages in the criminal sentence itself, ensuring that the injured party does not need to file a separate civil lawsuit to have their loss recognized. This reform strengthened the role of victims and brought the criminal process closer to the idea of full justice—one that not only punishes but also seeks to repair the harm caused by the crime.
What does compensation in criminal proceedings mean?
The harm caused by a crime may be either material or moral. Material damages relate to economic losses such as the theft of a personal item, loss of money, or expenses incurred because of the crime. Moral damages involve emotional suffering, humiliation, distress, and violations of dignity and psychological well-being.
Article 387, IV, of the Code of Criminal Procedure (CPP) allows these harms to be acknowledged directly within the criminal process. The judge is not required to determine the full amount of compensation; instead, a minimum amount is established, which is already sufficient for the victim to pursue enforcement in civil court quickly and efficiently. If additional damages exist, they may later be assessed during liquidation.
This mechanism reinforces the victim’s central role—an issue we address in another article on the blog regarding the victim’s participation as an assistant to the prosecution. Those interested can read more in “A atuação da vítima como assistente de acusação” (“The Role of the Victim as Assistant to the Prosecution”).
How does this work in practice?
Although the procedure is relatively simple for the victim, some steps require attention. The request for compensation must appear in the charging document—in the public prosecution’s complaint or in the private complaint submitted by the victim. Judges cannot set compensation on their own initiative. This is crucial, because if the request is omitted, the issue will not enter the evidentiary phase and the judge will be unable to rule on damages.
The prosecution must also indicate an initial amount for the requested compensation. This figure does not bind the judge but helps clarify the request and ensures procedural fairness for the defense.
During the evidentiary phase, documents may be submitted to help demonstrate the extent of the damage. For material damages, receipts, invoices, and bank statements are usually sufficient. For moral damages, the evidentiary threshold is more flexible, since the effects are inherently subjective. In certain crimes—such as domestic violence—the courts often presume the existence of moral damages based on the nature of the offense itself.
When is compensation available? Everyday examples
Compensation in criminal proceedings applies to a wide range of cases.
For property crimes such as theft, robbery, or fraud, the financial loss is typically clear. Victims who had a phone stolen, lost money in a scam, or suffered tangible financial harm may request compensation in the criminal judgment.
There are also crimes where the primary harm is emotional rather than economic. Physical and verbal assaults, racial discrimination, crimes against honor, and domestic violence often justify compensation for moral damages. In these cases, the harm can be presumed from the circumstances and the impact on the victim.
This topic is closely linked to another subject we explore in detail on the blog: the financial effects of criminal convictions. For further reading, see “Os efeitos patrimoniais da condenação penal” (“The Financial Effects of a Criminal Conviction”).
The STJ takes up the issue: a judgment that will define the parameters for setting minimum compensation
The subject of minimum compensation has gained renewed importance due to a recent decision by the Superior Court of Justice (STJ).
In October 2025, the STJ’s Third Section, led by Justice Ribeiro Dantas, submitted Special Appeal No. 2.208.052/PI to the repetitive appeals procedure. This highlights the national relevance of the matter and the need to harmonize judicial interpretation across Brazil.
The case involved a robbery conviction in which the state appellate court set the minimum compensation amount based solely on the victim’s account, without specific proof of the financial loss. The Public Defender’s Office challenged the legality of this approach. In responding to the appeal, the STJ recognized that the issue extends beyond the individual case: it concerns the criteria required for a criminal judge to determine minimum compensation under Article 387, IV.
In its order of submission, the STJ precisely framed the issue: must the judge set the minimum amount only if (i) the prosecution expressly requests it, (ii) the request includes a specified amount, and (iii) the record contains specific evidence of harm? Or may the judge set the amount even without all these elements?
A national and definitive guideline is expected soon. Until now, courts have disagreed, especially regarding moral damages and crimes where financial damages are not easily measured.
Ultimately, the repetitive appeal in REsp 2.208.052/PI is expected to establish the parameters judges must follow, making compensation in criminal proceedings more predictable, technical, and consistent with both defense rights and victims’ rights.
Why is this right so important for victims?
Compensation in criminal proceedings represents a major evolution in how the justice system approaches the impact of crime. The victim is no longer treated merely as a source of evidence but as a rights-bearing individual deserving of meaningful protection. Receiving a minimum compensation award in the sentence helps avoid years of civil litigation and reduces feelings of impunity or abandonment.
It also ensures a more comprehensive form of accountability: the defendant must answer not only to the State but also directly to the person harmed by their conduct.
When should someone seek legal assistance?
It is common for victims to lose the opportunity to obtain compensation simply because they were not properly advised. The request must be made at the right moment, and certain evidence must be submitted before the end of the evidentiary phase. For this reason, seeking legal guidance early is essential.
Victims of property crimes, for example, may find helpful additional information in our article “Filing a Crime Report and Protecting Victims of Property Crimes”.
Compensation in the criminal process is not a favor—it is a legal right and an important tool for ensuring that justice is both more humane and more complete. When used effectively, it helps repair, at least in part, what the crime attempted to destroy.
