Análise da compatibilidade da ação civil ex delicto com o princípio do ne bis in idem

Abstract

This paper aims to analyze the compatibility of principles between the prohibition of bis in idem and the existence of the civil action ex delicto in the Brazilian legal system. The importance of this topic is due to the fact that constitutional rules – including explicit and implicit principles – are mandatory for all branches of law, in order to guarantee the maintenance of the Democratic Rule of Law. Thus, questioning the adequacy of a procedural instrument to one of the governing principles of Brazilian law is to verify its constitutionality and, consequently, its suitability in the current national legal system. To address this problem, this research conducts a bibliographic review, which will use the deductive method to seek confirmation or denial of the initial hypothesis, namely: there is compatibility between the ne bis in idem and the civil action ex delicto.