Recurso Especial Nº 1.358.214 – Rs

Recurso especial. Homicídio culposo cometido no Exercício de atividade de transporte de Passageiros. Causa de aumento pena do art. 302, Parágrafo único, iv, do código de trânsito Brasileiro. Incidência. Ausência de passageiros No interior do veículo quando da colisão fatal. Irrelevância. Recurso especial provido. 1. A majorante do art. 302, parágrafo único, inciso IV, do Código de Trânsito Brasileiro, exige que se trate de motorista profissional, que esteja no exercício de seu mister e conduzindo veículo de transporte de passageiros, mas não refere à necessidade de estar transportando clientes no momento da colisão e não distingue entre veículos de grande ou pequeno porte. 2. Recurso especial provido.

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