For confirming the authorship of the crime and the recurrence of the conduct, the 5th Criminal Law Chamber of the Court of Justice of São Paulo sentenced, for the crime of passive corruption, a doctor from the public health network to two years and eight months in prison. semi-open, 13-day fine and loss of the position he occupied.
According to the records, the defendant charged R$ 2,200 from a pregnant patient for a surgical sterilization procedure, which is funded by the SUS. After the patient’s refusal, the doctor refused to perform the surgery, which was later performed by another professional from the public network.
The man had already been convicted by the 1st Court of Itápolis (SP). The TJ-SP maintained the sentence.
Judge Mauricio Henrique Guimarães Pereira Filho, rapporteur of the appeal, indicated that the doctor “did not succeed in presenting a plausible and feasible justification capable of disproving the robust evidence gathered in the file”. He explained that the crime of passive corruption consisted of requesting an undue advantage from the victim.
The magistrate used the same reasons as the judge for the dosimetry of the penalty: the exacerbated culpability of the crime and the agent who committed it, in addition to the poor record. “For the same reasons, it is impossible to replace the deprivation of liberty by restrictive rights,” he added. With information from the TJ-SP press office.
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