Children

The parents of a child who fell from the 11th floor of a building in Sওo Paulo can get judicial pardon Brazil


The father of a child who died after falling from the 11th floor of a building in Praia Grande was arrested for abandoning a disabled person, resulting in his death.Playback / Google Street View

Posted 06/12/2022 1:10 pm

Priya Grande – A 39-year-old businessman arrested for abandoning a disabled person after he fell from the 11th floor of a building in Priya Grande off the coast of Sao Paulo, leaving his 6-year-old daughter alone, could benefit from a judicial pardon. Results are possible if history shows that there was a good family relationship, without episodes of neglect or abuse of children or other minors.

The offense of abandoning a disabled person carries a penalty of four to 12 years for abandoning a minor or elderly person in custody of a person, an increase of one-third if the agent is a client or descendant. , Spouse, guardian or curator.

In justice, however, magistrates generally decide to grant a pardon based on Article 121 of the Penal Code, which states that a judge cannot impose punishment in a case of manslaughter (without intent to kill) if the outcome of the crime reaches the agent. So severely that the sanction of punishment becomes unnecessary.

“The consequences of this law are far more serious for the accused than for any punishment imposed by the judiciary. There is nothing worse than losing a child and being convicted for the rest of your life. There is no reason to impose punishment in such a situation. Either there is no evidence or you have done it before, “said Ariel de Castro Alves, a member of the OAB-SP Child and Adolescent Commission and the National Institute for the Rights of Children and Adolescents.

The girl’s father was detained and released after custody. According to correspondent Alexander Cummin, who did the work, the child was left alone for 30 minutes when the father took his girlfriend home and went out to buy cigarettes.

Castro Alves said that if the investigation found that the businessman was an enterprising father who always took good care of his daughter, with love and support, education and protection responsibilities, the public ministry could not file a complaint.

“This person already has a life sentence. There is no greater punishment. Many people cannot survive. Anyone who faces this situation is already punished by torture. In addition to feeling guilty, the person is permanently condemned by other family members.” By, by the community “, he said

In order to benefit from a judicial pardon, the accused must not have other cases of child and adolescent rights violations or allegations of abuse or negligence. At the end of the investigation, the police must decide that the crash was accidental and had no motive.

According to Castro Alves, the non-application of punishment has already been used in the case of parents who have forgotten the children trapped in the car, for example. However, the sentences are not made public because the processes involving children and adolescents are protected by privacy.

Rafaela Lozardo da Silva, 6, has lost her parents. The girl spent the weekend with her father and slept alone at home on Saturday morning. She wakes up, goes to the porch of the apartment and cries for help when she realizes she’s alone. A neighbor tried to calm him down and call the doorman, but there was no time.

What the law says
Disabled abandonment

Article 133 – Abandon a person who is in your custody, custody, surveillance or authority and for whatever reason, is unable to protect himself from the risks arising from the abandonment.

If the abandonment results in death, the penalty is four to 12 years in prison, which can be increased by one third if the abandonment is in a secluded place and the offender is a parent or descendant, wife, sibling, guardian or curator of the victim. The offense applies when the victim is a child or adolescent or adult, over 60 years of age.

Judicial pardon
Section 121 of the Penal Code provides for a case of manslaughter. Article 5 states that in the case of homicide, the judge cannot impose punishment if the outcome of the crime affects the agent so severely that criminal approval becomes unnecessary.

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