O dever fundamental de preservar a incolumidade das pessoas (art. 144, CRFB/88) e a atuação na prevenção de suicídios: o caso da Terceira Ponte - Rodosol/ES

Abstract

The present article aimed to analyze whether or not Rodosol, a concessionaire that manages the Congressman Darcy Castelo de Mendonça Bridge (Third Bridge) has or does not have the fundamental duty of preserving the people’s safety (article 144 of CRFB / 88), acting on the prevention of suicides that occur on the spot. In addition, it was analyzed who would bear the costs of these preventive measures implemented. The method employed was the case study, considering that the cases of suicides that occur on the Third Bridge/ES, are shown as a current phenomenon, inserted in the reality of the State of Espírito Santo. In the end, it was possible to conclude that the concessionaire Rodosol, a legal entity, also has the fundamental duty of preserving the safety of people, acting on preventing suicides that occur on the Third Bridge, based on two rights provided by the Constitution, which are: the right to life and public safety. It was also verified that the fundamental duty of preserving people’s safety is a responsibility of all. Thus, with equity, it was understood that the costs of specific measures taken to prevent the suicides occurring in the Third Bridge should be borne by society as a whole, through public revenue