Questão jurídica principal
Whether the architect committed negligent homicide under Art. 117 CP
Decisão extraída
Yes. He violated duties of prudence by designing and overseeing the chalet without ensuring proper ventilation and sealing of the heating room, and his omissions were causally linked to the death.
Fundamentação extraída
He was responsible for the building, knew the ventilation requirements, chose a non-blocked window and failed to check the threshold; the expert evidence supported natural and adequate causation.