O fitness influencer Fábio Giga drove 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 the afternoon of Saturday (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 fact as bodily injury culpable driving a motor vehicle.
According to the influencer testimonialo Porsche lost grip when passing through a ditch and, because of the low vehicle suspensionhe lost control of the steering. Witnesses told the police that the car approaching at high speed. A defense states that Fábio Giga remained at the scene, called the emergency services and .
What is culpable bodily injury in traffic?
O 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 intention to cause harm.
The art. 303 of the CTB specifically typifies the culpable bodily injury driving a motor vehicle. THE The expected penalty is imprisonment of six months to two years, in addition to suspension or prohibition of obtaining a driving license.
In practice, the A crime occurs when a driver, without wanting to hurt anyone, acts recklessly — as in speeding — and causes injury 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 the simple form — without causes of increase —, the crime of art. 303 of the CTB is a public criminal action conditioned on the representation of the victim and is considered an infraction of lesser offensive potentialunder the jurisdiction of the Special Criminal Court.
“Criminal action conditional on representation” means that the Victims must formally express, before the police authority or the Public Prosecutor’s Office, their interest in seeing the perpetrator criminally prosecuted. Without this manifestation, the criminal action cannot be initiated.
In this scenario, the Lei 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 (public prosecutor’s proposal 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
§1 of art. 303 determines penalty increase 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, rules out the most serious form of crime.
The most serious form: when there is alcohol or drugs
§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.
That 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
A is not, in itself, a cause for increased punishment in 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.
A The extent of the speed at the time of the accident is yet to be determined by forensic experts.. Witnesses stated that the Porsche was approaching at high speed, but this information needs to be technically confirmed to produce legal effects.
What does the art say? 291 of the CTB
The 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 Procedurebut 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, the Simple culpable bodily injury remains subject to representation of the victim and decriminalizing institutes of the Special Court.
See the moment of the accident
What should happen now in research
A 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 must seek to determine at least three central points: the vehicle speed 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 establish police investigation or plow detailed term of occurrence — 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 has come forward 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 the facts must occur calmly, responsibly and in compliance with due legal process, avoiding hasty conclusions or the disclosure 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 respecting the truth of the facts and Justice.
