A importância da reparação do dano para o direito penal

In a time characterised by an increasing concern towards the victim, the reparation of damages resulting from criminal conducts arises in criminal discourse as a way of protecting victims’ interests. Threfore, it is important to analyse reparation in the perspective of both present and future law. Analysing both the steps taken by the legislator and the theoretical constructions of the doctrine – both national and international –, which advocate the inclusion of reparation as a means of criminal reaction, it becomes clear that, sometimes, criminal law looks at potential victims, while neglecting real ones. The protection of the latter will therefore lead to admitting reparations as an alternative response to the legal consequences of crime. This is a responsibility that goes beyond the mere linking of both civil and criminal responsibility which implies looking to the future (preventive strand), yet with due consideration of past acts (restorative strand).