Questão jurídica principal
Whether the defendant's conduct in the 'F.' investment complex fulfilled aggravated unfaithful management under Art. 158 StGB.
Decisão extraída
Yes. A professional asset manager has a special fiduciary duty to monitor the investment, warn clients, and act when losses become imminent; passive inaction despite repeated warnings can satisfy the offense.
Fundamentação extraída
The Court held that the decisive breach was not merely the risky investment itself, but the failure to actively manage and to inform/warn clients once the leveraged fund position was deteriorating. The bank repeatedly alerted the defendant and demanded action. By not reacting, he violated his duty to preserve assets and allowed the loss.