THE OMISSION OF ASSISTANCE IN TRAFFIC ACCIDENTS AND ITS LEGAL CONSEQUENCES

Abstract

Failure to assist is a legal concept that refers to the lack of action on the part of a person who is in a position to help another person in danger or need, resulting in harm or worsening of the victim's situation. It is most commonly seen in traffic accidents. Given this fact, this research aimed to analyze the legal and social effects of omitting aid in Brazil. To carry out this research, in the methodological field, it was based on a bibliographical review, based on scientific articles, books, periodicals, current legislation and jurisprudence on the respective topic. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2019 to 2023. The results showed that when an individual causes an accident, whether traffic accident or not, and causes damage, he/she must be held civilly liable. Such responsibility may be either contractual or contractual, that is, non-contractual. In case of omission of assistance, Brazilian criminal legislation criminalizes it based on the text of article 135, in Title I of the special part of the Penal Code, which deals with crimes against the person.