02/13/2024 – 15:54
The judges of the 5th Chamber of Criminal Law of the Court of Justice of São Paulo upheld the decision of the 1st Court of Penápolis, in the interior of the State, given by judge Vinicius Gonçalves Porto Nascimento, who sentenced a man for abandonment of an incapacitated person. The sentence, set at eight months of open detention, was replaced by the payment of a minimum wage to the entity designated by the executing court.
The information was released by the Court of Justice – Appeal nº 1500141-91.2020.8.26.0438. The case occurred in 2020.
According to the lawsuit, the accused shared custody of his eight-year-old son with his ex-wife, spent the weekend with the child and left her alone at home in the early hours of the morning to buy cigarettes.
On the way, the man was involved in a fight and was taken to a city emergency room. During this time, the boy woke up, got scared when he didn't find his father at home and went to the gate to ask for help. He ended up being rescued by the Police and the Child Protection Council. For the rapporteur of the appeal, judge Pinheiro Franco, even if it is possible to argue that an eight-year-old child is not absolutely dependent on care, he was with his father due to shared custody.
“And custody, there is no doubt, involves duties of care and vigilance, which the accused disregarded when he left the house in the early hours of the morning, leaving the child alone and locked in the property, for no reason”, highlights Pinheiro Franco. The decision was unanimous – judges Geraldo Wohlers and Claudia Fonseca Fanucchi followed the rapporteur.
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