Intentional homicide, declassification, bodily injury followed by death and preterdol

Pataxó Indian case

Abstract

The article comments on a judgment of the Court of Justice of the Federal District that, on an appeal in the strict sense filed by the Public Prosecution, upheld the declassification of the intentional homicide charge to bodily injury followed by death, in the case of the indigenous man Galdino Jesus dos Santos. The exposition reconstructs the report, the appeal grounds, and the counterarguments, and analyzes the distinction between eventual intent and conscious negligence, invoking Assis Toledo, Heleno Fragoso, and the consent theory. The text argues that the defendants intended only to frighten the victim, not assuming the risk of death. The investigation rejects the preliminary issue of prevention and concludes by upholding the sentence.