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Kayky Brito case: Should Bruno De Luca face charges of failure to provide assistance and perjury?
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“Sad, shaken and worried,” Bruno De Luca said on social media about his girlfriend Kayky Brito’s accident. The two were together at a kiosk on Barra Beach in Rio de Janeiro when the actor was run over while crossing Avenida Lúcio Costa in Barra da Tijuca in Rio de Janeiro. Given the fallout from the case and the recent release of the footage documenting the presenter’s failure to provide assistance, many have questioned the legal implications of the artist’s behavior. Can we then consider him a criminal?
According to lawyer João Pedro Ignácio Marsillac, Bruno’s behavior does not constitute a crime. “The crime of failure to provide assistance only occurs when the person is helpless. But in this case, after the accident, there were other people who provided assistance. The crime would only have happened if Bruno had looked at the dying body and done nothing,” he explained. .
And he added: “If he could do it… Because there is another point that precludes the use of this type of punishment, namely the possibility that there is a personal risk to Bruno himself.” [Parece que ali é uma avenida movimentada]”, he explained.
Attorney Halyne Marques looks at the case from a moral perspective. “Kayky already got help. He [Bruno] didn’t leave him helpless. But morally yes, after all, he was the person closest to him at that moment. “The person there who could tell important information, like whether the friend had an allergy or a heart problem… Since they were such close friends,” he concluded.
Article 135 of the Criminal Code, which deals with the failure to provide assistance itself, states that if the person who could help a sick or injured person without personal risk does not help, he or she does not provide assistance to that person and will not do so If you ask the authorities to provide this help, you can face a prison sentence of one to six months or a fine.
If Bruno’s failure is confirmed, according to the penal code he will not be arrested but will have to pay a fine to the state.
But what if it is a false statement?
In a statement to police, De Luca claimed he did not know the victim was Kayky Brito. However, new witnesses stated that he was warned that he was the actor at the time of the accident. The images published on Sunday (10) by Record’s Domingo Espetacular show that Bruno “flee” the crime scene. He left his car on the beach and didn’t return until the next day.
If the speaker’s statement involves perjury, the court the punishment in Brazil is a prison sentence of two to four years and a fine.
“If the statement is false, these penalties apply. However, if the statement does not prejudice the investigation or trial, the person typically will not face any penalties,” Halyne said.
* Text by Lívia Carvalho
Lívia Carvalho is a journalism student with a passion for pop culture. Before joining the column team, she was a producer, presenter and reporter for TV Gazeta’s Extra Edition program. Follow Lívia Carvalho on Instagram: @liviasccarvalho
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