The Superior Court of Justice (STJ) upheld, this Tuesday (2), the conviction of the State of Rio de Janeiro to pay a pension and compensation of R$ 500 thousand, for moral damages, for the companion and for each one of them. of the sons of bricklayer Amarildo Dias de Souza.
Amarildo disappeared in 2013 after being taken by military police in the Rocinha community to the Pacifying Police Unit (UPP) at the scene. Amarildo’s body was never found.
The rapporteur of the case, Minister Francisco Falcão, considered that the review of the indemnity funds would only be possible if their value was small or excessive (which he understood not to happen in this case).
Ministers Herman Benjamin, Assusete Magalhães and Mauro Campbell Marques accompanied the rapporteur.
Minister Og Fernandes was the only one to differ in the process.
This Tuesday’s trial was resumed with the vote of Minister Assusete Magalhães, who asked for a view (that is, more time to analyze the case) earlier this year.
In her vote, the minister stated that the murder of Amarildo is a “disgusting situation”.
“Torture, with subsequent concealment of the corpse by police forces, is not or should not be part of the risks of life in society. It is expected that, when approached by police, citizens will have their rights respected and their physical integrity preserved”, said the minister.
“In this context, the case portrayed in the case file represents a disgusting situation, whose repair cannot be compared, in my opinion, in monetary terms, with those due to traffic accidents, for example. Thus, I think that, as the case in the case is different in its severity from the average of the cases considered by the STJ, the value of the indemnity established at the origin, even if it is higher than that found in most cases, does not appear to be unreasonable in my view”, completed.
The state of Rio de Janeiro appealed to the STJ alleging that this compensation would be excessive. It also claimed that the compensation for presumed damage to the victim’s siblings should be withdrawn or reduced, since they are not part of the same family.
Source: CNN Brasil
