Criminalista gives his opinion on the controversy involving the presenter
The accident of the actor Kayky Brito, on the edge of Barra da Tijuca, at the beginning of September, is still having repercussions in the press and on social media. Among the discussions is the crime of failure to provide assistance attributed to his colleague Bruno de Luca, who was with the actor at the time of the accident.
For the criminal lawyer Leonardo Pantaleão, specialist in criminal law and procedure, are taking advantage of the lack of assistance because he was warned that it would be a friend of his who was hit, stayed at the kiosk and then left. This would be the criminal practice of the crime of failure to provide assistance.
“It is not true”, Pantaleone says first. The lawyer explains that there are two types of crimes which, in theory, could be applied in this context. “And in the case under analysis none of it concerns Bruno (de Luca)”then complete.
The first, in article 135 of the Penal Code, concerns the failure to perform itself. The person who could help someone who is sick, injured and, without personal risk, does not help or provide assistance to that person or call the authorities to provide assistance. This is the failure to provide assistance pursuant to 135 of the penal code.
“But since there are already other people helping the victim, it cannot be assumed that he did not help. Kayky had already been helped and people called the relevant authorities,” says the lawyer.
According to Pantaleão, only those who witness an injured person and do not help him are not accused of not providing help. “If that were the case, all the people who were in the kiosk, including the girl dressed in pink, who goes from one side to the other, would have to answer for this crime,” he says.
Another article can also be discussed
Lack of assistance could also be mentioned. However, according to the criminal lawyer, “reaches only the driver of the vehicle, no one else”.
According to the lawyer, Bruno did not commit the crime of failure to provide assistance, neither under the penal code nor the Brazilian highway code, and the different interpretation is completely wrong. He observes that moral questions cannot be confused with legal questions.
“His conduct may have been immoral given the situation and the closeness he had with Kayky Brito. This is one thing. But I repeat, the distance from there to it becoming a crime is enormous”, concludes Pantaleão.
Source: Leonardo Pantaleão, specialist in criminal law and procedure, master in social relations law at PUC/SP.
Source: Terra
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