queixosos

Queixosos is the term used in Portuguese-speaking legal systems to designate individuals who file a queixa-crime, a private criminal complaint, against someone else. The queixa-crime is a procedural instrument through which the victim or offended party initiates a criminal action when the law allows private prosecution. The queixoso is the private accuser and differs from cases that are pursued by the state through a public denuncia or public prosecution.

Etymology and scope: The term derives from the verb oferecer queixa or queixar-se (to complain). It is commonly used in Portugal and Brazil to describe those who bring a criminal complaint for offenses typically capable of private action, such as offenses against honor or other crimes designated by law as private prosecutions. In contrast, many crimes are pursued by public authorities and do not involve a queixoso.

Procedure and role: The queixoso submits a written queixa-crime to the appropriate judicial or police authority, detailing facts, naming the alleged offender, and presenting supporting evidence. Depending on the jurisdiction, the court may request further investigations and the Public Prosecutor may supervise, support, or take over the case. The queixoso usually has legal representation and may participate in hearings, present additional evidence, and, in some systems, withdraw the complaint under certain conditions. The action can be dismissed if formal requirements are not met or if the complaint is withdrawn.

Limitations: Not every crime admits private accusation; many offenses are prosecutable only by the state. Abuse of the process, including false or frivolous queixas, can incur penalties for the queixoso.

See also: queixa-crime, injúria, difamação, calúnia, denúncia.