The 2nd Panel of the Superior Court of Justice (STJ) unanimously maintained this Tuesday (7), a decision that determined compensation of R$ 3.9 million to family members of bricklayer Amarildo Dias de Souza, who disappeared after police action Military of Rio de Janeiro, in 2013.
The compensation had been determined by the Court of Justice of Rio de Janeiro (TJ-RJ).
The board also maintained two other points of the TJ-RJ decision: the right to compensation for the bricklayer’s four brothers and the refusal to compensate Amarildo’s foster mother.
Amarildo disappeared in July 2013 after being taken by military police to the Pacification Police Unit (UPP) in the Rocinha favela, in Rio de Janeiro. Amarildo’s body has not been found to this day.
The ministers analyzed appeals presented by Jurema Gomes Barreira, Amarildo’s foster mother, and the state of Rio de Janeiro.
Barreira challenged the decision of the TJ-RJ that denied compensation for not recognizing a close relationship with Amarildo. According to the defense, she raised Amarildo since he was seven years old, after the death of his biological mother.
The state of Rio considered the amount to be paid to family members “exorbitant” and questioned the payment to siblings because they were not part of the so-called “family nucleus”.
In August 2022, the STJ had already upheld the order of the state of Rio de Janeiro to pay compensation to Amarildo’s family.
At the time, the rapporteur of the case, Minister Francisco Falcão, considered that the review of the compensation amounts would only be possible if their value was negligible or excessive (which he understood would not happen in this case).
In August of this year, the 6th Panel of the STJ decided to increase the sentences of military police officers convicted of Amarildo’s death and disappearance.
Thirteen police officers were convicted in the case in 2016, for the crimes of torture followed by death, concealment of a corpse and procedural fraud.
Source: CNN Brasil

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