Fábio Giga and the Porsche: understand what the law provides after an accident in SP
Fitness influencer Fábio Giga was driving a Porsche 911 Carrera GTS when he hit two motorcycles and three cars on Rua das Juntas Provisórias, in Ipiranga, south of São Paulo, on Saturday afternoon (6). Two motorcyclists were injured - one aged 51, the other aged 43 - and were taken to UPAs in the region. The police report recorded the incident as negligent bodily injury while driving a motor vehicle.
According to the influencer's statement, the Porsche lost grip when passing through a ditch and, due to the vehicle's low suspension, he lost control of the steering. Witnesses told police that the car was approaching at high speed. The defense claims that Fábio Giga remained at the scene, called emergency services and tested negative on the breathalyzer.
What is culpable bodily injury in traffic
The Brazilian Traffic Code (CTB) differentiates intentional crimes, when there is intention, from culpable crimes, when the result is caused by negligence, imprudence or incompetence, without the intention of causing harm.
Art. 303 of the CTB specifically typifies culpable bodily injury when driving a motor vehicle. The expected penalty is imprisonment from six months to two years, in addition to suspension or prohibition from obtaining a driving license.
In practice, the crime occurs when a driver, without wanting to hurt anyone, acts recklessly - such as speeding - and causes injuries to third parties. The absence of intent does not eliminate criminal liability, but it defines the framework for punishment.
Can the influencer be arrested?
There is no automatic arrest in this type of case. In its simple form - without causes of increase - the crime in art. 303 of the CTB is a public criminal action conditioned on the representation of the victim and is considered an infraction with minor offensive potential, under the jurisdiction of the Special Criminal Court.
"Criminal action conditional on representation" means that victims need to formally express, before the police authority or the Public Prosecutor's Office, their interest in seeing the perpetrator criminally prosecuted. Without this manifestation, criminal action cannot be initiated.
In this scenario, Law 9,099/1995 - which governs the Special Criminal Courts - allows two options before any conviction: the civil composition (agreement on material damages) and the criminal settlement (proposal from the Public Prosecutor's Office to serve an alternative sentence without trial). If the author accepts the transaction and complies with the conditions imposed, the process is closed without criminal conviction.
When the penalty can increase
Paragraph 1 of art. 303 determines an increase in the sentence from one third to one half if any of the hypotheses in §1 of the art occur. 302 of the CTB. These hypotheses include: not having a license; omitting assistance to the victim when possible; committing the crime on a pedestrian crossing or sidewalk; driving a vehicle with tampered with equipment that affects safety; and be engaged in passenger transport activities.
When one of these causes of increase is present, the crime is no longer of lesser offensive potential and becomes the jurisdiction of a single court - that is, a judge of law, and not the Special Court. In this case, the criminal action becomes unconditional public, eliminating the need for representation of the victims.
In the case of Fábio Giga, the defense claims that he provided immediate assistance, which rules out the hypothesis of omission. There is no indication of a lack of qualification. The negative breathalyzer, in turn, eliminates the most serious form of the crime.
The most serious form: when there is alcohol or drugs
Paragraph 2 of art. 303 provides for a qualified form: if the driver has altered psychomotor capacity due to alcohol or another psychoactive substance that determines dependence, and the injuries are of a serious or very serious nature, the penalty becomes imprisonment for two to five years.
This hypothesis does not apply to the case: the breathalyzer result was negative and, until now, the victims did not present a risk of death, which, in principle, rules out the classification of serious or very serious injury under the terms of art. 129 of the Penal Code. The severity of the injuries, however, will still be confirmed by medical expertise - a factor that could change the classification.
Speed reported by witnesses
Excessive speed is not, in itself, a cause for increased punishment under art. 303 of the CTB. It must be considered by the judge in the first phase of sentencing, as an unfavorable judicial circumstance. When the speed is 50 km/h higher than the road limit, however, there is a relevant procedural consequence: the benefits of Law 9,099/1995 are removed, making the public criminal action unconditional - that is, the victims do not need to represent for the process to progress.
The extent of the speed at the time of the accident is yet to be determined by forensics. Witnesses stated that the Porsche was approaching at high speed, but this information needs to be technically confirmed to produce legal effects.
What does art say? 291 of the CTB
Art. 291 of the CTB is the gateway to understanding how procedural rules apply to traffic crimes. It determines that, as a rule, traffic crimes follow the rules of the Penal Code and the Code of Criminal Procedure, but also establishes important exceptions.
The criminal action will be unconditional public - and the benefits of Law 9,099/1995 do not apply - when the driver is drunk or under the influence of narcotic substances; is participating in an unauthorized competition or exhibition; or travel at a speed higher than the maximum speed allowed for the road at 50 km/h.
Outside of these hypotheses, simple culpable bodily injury remains subject to the representation of the victim and the decriminalizing institutes of the Special Court.
See the moment of the accident
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What should happen now in the investigation
The Civil Police requested on-site expertise and images from monitoring cameras to reconstruct the dynamics of the accident. The SSP (Public Security Secretariat) reported that the incident is ongoing.
The investigation must seek to determine at least three central points: the speed of the vehicle at the time of the collision; the severity of motorcyclists' injuries; and whether there are elements that constitute grounds for increasing the sentence. Based on this, the Civil Police will decide whether to launch a police investigation or draw up a detailed statement of occurrence - a more summary procedure, foreseen for infractions with less offensive potential.
Fábio Giga's defense states that he will continue to provide assistance to victims and their families, including medical monitoring and repairing material damage.
Read Fábio Giga's defense in full
Fábio Giga's technical defense goes public to clarify the facts related to the traffic accident that occurred in the city of São Paulo, reaffirming his commitment to transparency, responsibility and respect for the victims and their families.
From the first moment after the incident, Mr. Fábio adopted a collaborative and responsible stance, remaining available for the necessary procedures, immediately activating the emergency services and providing assistance to those involved. It is also worth noting that a breathalyzer test was carried out, the result of which was negative for alcohol consumption, as recorded by the competent authorities.
It is important to highlight that, according to the information available to date, all victims are conscious, stable and without risk to their lives, remaining under the care and monitoring of the responsible medical teams.
Mr. Fábio not only provided immediate assistance after the accident, but will also continue to provide all necessary support to the victims and their families, both in relation to monitoring health care and repairing material damage resulting from the incident, demonstrating his concern and commitment to everyone involved.
The defense reinforces that the investigation of facts must occur calmly, responsibly and in compliance with due legal process, avoiding hasty conclusions or the dissemination of information that does not correspond to the reality of the events.
Finally, the defense expresses its solidarity with the victims and their families, reaffirms its confidence in the work of the competent authorities and remains available for any clarifications that may be necessary, always with respect for the truth of the facts and Justice.
Source: CNN