Civil – TJSP – State is ordered to indemnify mother, of a dead student in school Institution 25/03/2015

The 7th Public Law Chamber of TJSP determined that the State Treasury to pay £ 250,000 in compensation for moral damage to the mother of a student of Assisi teaching the public, who died trying to jump the wall of the institution.

According to the author of the compensation action, at the time when his son tried to jump the wall that divided the court of the sport court, the structure collapsed on him, killing him. Expert report concluded that the wall was built illegally.

The rapporteur Paulo Magalhães da Costa Coelho pointed out the responsibility of the government in this episode that resulted in the death of the young. “It was up to the State and its agents at guard duty, avoid the harmful event. More so because, admitting any fault of the victim, does not release it entirely the responsibility of the State for their guilt fully demonstrated in the records for the technical inadequacy in the construction of the wall, “he said.

The judges Eduardo Cortez de Freitas Gouvêa and Luiz Sergio Fernandes de Souza, who also joined the judging class, with the vote of the rapporteur