Should Bruno de Luca be arrested for failure to provide assistance? The expert explains

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Presenter and actor Bruno de Luca faces legal proceedings at the 9th Special Criminal Court of Rio de Janeiro, accused of failing to provide assistance to actor Kayky Brito. The two were together at a kiosk when Kayky was hit while crossing the road. Bruno, however, declared that he did not realize that it was his friend at the time of the collision and that he did not provide assistance and subsequently walked away. The driver of the vehicle involved in the accident called for help.

The Prosecutor’s Office requested that Bruno de Luca be charged for failure to provide assistance, even though the delegate initially responsible for the case, Ângelo Lages, had ruled out this possibility. Prosecutor Márcio Almeida Ribeiro da Silva said Bruno was the only one who left the scene immediately after the accident. “Without taking any action to assist, without even knowing that any assistance or request had been made,” he said.

However, lawyer Enzo Fachini, a member of the Criminal Defense Commission of the Brazilian Bar Association of São Paulo (OAB-SP), defends the position that Bruno should not be arrested for failing to provide assistance. According to him, failure to provide assistance is a crime that occurs when someone fails to act or provide assistance in a situation where it is possible to do so, without putting their life at risk.

Fachini underlines that the law does not specify who must provide assistance, since assistance is a general obligation. Therefore, all people who are aware of a distressing situation and have the ability to act should do so. However, the duty of assistance is imposed specifically on the drivers of the vehicles, in accordance with the Brazilian Highway Code.

“The attitude of one of these people, if it is enough at that moment, exempts the conduct of the others. Otherwise we would think of a somewhat absurd position, that there would be a competition to see who would be the first to contact the authorities, because the others could be held responsible for not providing assistance”, explains the lawyer.

According to Fachini, if everyone called the authorities asking for help the situation would become counterproductive. “Imagine 20 requests for the police to go to the same place,” she added.

For Bruno, who was not the driver of the vehicle, there is no legal provision that obliges him to provide assistance, despite being a friend of the victim. The important thing is to be aware of the emergency situation, be present on site and be able to take rescue measures, such as calling an ambulance or the competent authority.

The law establishes more severe penalties for failure to provide assistance, depending on the outcome of the victim, with more severe penalties in the event of serious injury or death of the victim.

“If the victim suffers serious personal injury, he will be punished with a more serious penalty than if it were minor. And, in particular, the law provides for triple the penalty if there is the death of the victim, of the person who has omitted be careful “, added the lawyer.

Therefore, according to the lawyer’s interpretation, Bruno de Luca cannot be held responsible for the failure to perform, as long as he demonstrates that he was not aware of the situation and was not able to provide immediate assistance.

Source: Terra

Amanda

I am Amanda Gans, a motivated and ambitious professional in the news writing industry. With over five years of experience in this field, I have developed an eye for detail and an ability to craft stories that captivate readers. I currently write for Gossipify, where I specialize in beauty & celebrities news. My passion lies with exploring the world of beauty through writing, interviewing experts and developing articles that are both informative and entertaining.