Questão jurídica principal
Whether the appellant committed negligent homicide by omission as construction supervisor.
Decisão extraída
Yes. As works supervisor he had a guarantor position and was obliged to instruct and monitor safety rules; his failure to do so was a culpable breach of duty that caused the death.
Fundamentação extraída
Safety rules required fall protection for ladder work above 5 m. The supervisor knew or should have known that unsafe practices had become routine on the site. Proper instruction and supervision would, with high probability, have prevented the fatal order to work without protection.