Questão jurídica principal
Whether the complainant had standing as private prosecutor for the offences of fraud participation, copyright/unfair competition violations, unlawful data acquisition, and theft in proceeding G-Nr. 04/028.
Decisão extraída
No. He was at most indirectly affected; the directly injured party was the company allegedly harmed.
Fundamentação extraída
Private-prosecutor standing requires direct injury to a legally protected interest. For the alleged property- and competition-related offences, the complainant did not show that he himself was the immediate bearer of the protected legal interest. The corporate victim had already filed its own complaint, and the same factual complex could not be reopened after the earlier final decision.