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ConJur – Minister Jorge Mussi, of the Superior Court of Justice, said that Rafael Bussamra, who had trampled and killed Rafael Mascarenhas, son of actress Cissa Guimarães, was serving a prison sentence . It partially complied with a call from the Attorney General's Office in Rio de Janeiro and dismissed the replacement of the custodial sentence with restrictive sentences.
Mascarenhas died in 2010, while he was skateboarding in a tunnel in Rio de Janeiro. He was run over by Bussamra, who was running. MP-RJ charged the driver with crimes of willful homicide – later disqualified for guilt – participation in an unauthorized motor racing, leaving the scene of the accident to escape criminal liability, artificial innovation in case of car accident and active bribery [19659002] Bussamra was only sentenced for manslaughter for 3 years and 6 months of detention and suspension of driving license for the same period. The Court of Justice of Rio de Janeiro then ordered to replace the prison sentence with two legal restrictions: the provision of services of general interest and the limitation of the weekend.
In the badysis of the special appeal, Mussi observed that despite the court of Rio de Janeiro has resorted to the adverse review of certain circumstances of the crime "in order to establish a prison regime more severe than that appropriate to
Thus, the Minister understood that it had been demonstrated that the subjective requirement of Article 44, point III of the CC "was not fulfilled, considering the legal circumstances of Article 59 of the CP not being favorable. "
Mussi explained that this requirement was primarily aimed at" determining whether substitution would be sufficient to punish the offense ", since the failure to take into account certain judicial circumstances influences the choice of a more serious prison regime. In this sense, the Minister found that the TJ-RJ was not in accordance with STJ's understanding and welcomed the claim of the MP-RJ
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