The CCJ approves the obligation to reimburse the SUS in the event of an intentional accident or gross negligence

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

06/21/2022 – 17:53

Billy Boss/House of Representatives

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

The Constitution and Justice Commission (CCJ) of the Chamber of Deputies has approved a proposal that makes the person who causes an accident with intent or gross negligence civil liability, determining that in addition to compensating the victim, he is 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 the Civil Code.

The approved text is substitute from deputy Kim Kataguiri (União-SP) to bill 5298/16, from former deputy Daniel Vilela (GO) and from PL 7889/17, from deputy Carlos Henrique Gaguim (União-TO). The matter was handled in character conclusive and, therefore, can go to the Senate, unless there is a call for analysis by the Plenary.

“That drugged or drunk driver who, with deception or serious guilt invades a victim and damages his health or his life, he must reimburse the SUS for the treatment, he must reimburse the INSS in the event of a death annuity. It must not only be punished in the criminal sphere, but also compensate the victim in the civil sphere and compensate all the health services that this victim used to seek treatment afterwards, ”defends Kataguiri.

Kim Kataguiri’s replacement adds that the driver’s employer will not be held responsible unless he has proven that he did not respect a legal or regulatory road safety rule or if he directly influenced the result .

According to the parliamentarian, the objective is to prevent carriers from being jointly and severally liable. “Carriers provide vital business and we cannot increase the risk – and cost – of the business or we will undermine economic activity and job creation,” he says.

Report – Paula Bittar
Editing – Georgia Moraes

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