May 30, 2024

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Seminário - 8 Anos do PNE . Dep. Kim Kataguiri UNIÃO - SP

CCJ agrees to indemnify SUS in the event of accidents occurring with intent or gross negligence

06/21/2022 – 17:53

Billy Boss / House

Kim Katagoire: Drunk driver must compensate for health services used by the victim

The House of Representatives Committee on Constitution and Justice (CCJ) has approved a motion making a person causing an accident with intent or gross negligence a civil liability, specifying that in addition to compensating the victim, he or she shall be responsible for the expenses of the Unified Health System (SUS) for the assistance, care and treatment of the victim and himself, in addition to being Responsible for the aid and pensions spent as a result of the accident.

The proposal adds an article to civil law.

The approved text is alternative for the deputy Kim Kataguiri (União-SP) to me Bill 5298/16by former Rep Daniel Villila (GO) and PL 7889/17, by Rep Carlos Henrique Gaguim (União-TO). The order has been processed in character boycott Thus, it can go to the Senate, unless there is an appeal of the analysis by the plenary.

That drugged or drunk driver with him tricked or serious guilt encroaches on the victim and causes harm to his health or life, he must compensate SUS for treatment, and must compensate INSS in the event of a death pension. Not only should the victim be punished in the criminal sphere, but the victim should also be compensated in the civil sphere and all the health services that this victim used to treat afterwards,” Katagiri defends.

Replacing Kim Kataguiri adds that the driver’s employer will not be liable, unless they prove that they failed to observe a legal or regulatory rule on traffic safety or if they directly affected the outcome.

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According to the parliamentarian, the goal is to prevent carriers from being collectively and unilaterally responsible. “Carriers provide vital activity and we cannot increase the risks — and costs — of the company, otherwise we will undermine economic activity and job creation,” he says.

Reporting – Paula Bitar
Editing – Georgia Moraes