Questão jurídica principal
Whether the fire set on the scooter amounted to intentional arson under Art. 221 CP.
Decisão extraída
Yes. The fire was uncontrollable by the offender and destroyed the scooter, causing patrimonial damage to the owner; a spread to other property was not required.
Fundamentação extraída
Art. 221 al. 1 CP is fulfilled either by damage to another or by creating a collective danger. Here, the lower court found direct property damage, so absence of spread risk was irrelevant.