The Federal Court of Sergipe accepted the opinion of the Federal Public Ministry (MPF) and ordered the Union to pay compensation for moral damages in the amount of R$ 1 million to the son of Genivaldo de Jesus Santos, who died after being approached by agents of the Federal Highway Police (PRF ), in May 2022. In the decision, the judge of the 7th Federal Court of Sergipe also ordered the payment of a monthly pension in the amount of 2/3 of the minimum wage until the child turns 24 years old.
According to the MPF, based on the evidence in the case, it was proven that the PRF agents, in full exercise of their functional activities, caused the death of Genivaldo Santos during their approach. According to the opinion, even though they were fully aware of the inappropriateness of using tear grenades in closed environments and the risk of death associated with the irregular use of the device, the agents subjected the prisoner to the effects of the toxic substances released by the grenade.
Still according to the opinion, the PRF agents did not retreat, even though they noticed the intense concentration of gas in the lining of the vehicle where Genivaldo was and heard the victim’s screams of despair and suffering, in addition to the insistent warnings from the people who accompanied the occurrence that the situation would result in the death of the prisoner. They forcibly confined the victim in the vehicle’s compartment, an extremely small space, until he passed out, appearing indifferent to the fatal outcome.
For the MPF, “there was effectively the action of agents from the Federal Highway Police who caused the torture and murder of Genivaldo de Jesus dos Santos during a police approach, that is, during his functional activity”. In this sense, the body defends the objective responsibility of the Union for the facts – torture and murder of a black citizen, poor and classified as a person with a disability, in custody or subjected to the State security apparatus by its agents. “This is, therefore, State violence that requires judicial intervention to ensure, in the civil sphere, the imposition of obligations on the defendant (Union) on a reparatory/pedagogical/punitive basis, as well as of a compulsory nature, to avoid repetition of the damage”, he highlights.
Compensation –In the opinion, the MPF defended the payment of compensation for moral damages not only to Genivaldo’s son, a minor, but also to his mother and his partner, in accordance with a stable union recognized by the State Court. The body maintained that the seriousness of the conduct of public agents and its consequences justify setting high values, but lower than the R$100 million requested by the authors.
Considering the country’s reality, the MPF proposed the payment of moral damages worth R$660,000 to the victim’s mother and partner, each, and R$1.32 million to Genivaldo’s son. Furthermore, he gave his opinion in favor of the payment of a death pension to Genivaldo’s son and partner, up to the age of 25 and 76, respectively, as well as the payment of material damages in the amount of R$5,000, relating to the cost of expenses with the funeral.
MPF activities –In October 2022, the MPF denounced the three federal highway police officers who participated in the approach and death of Genivaldo de Jesus Santos. They were accused of abuse of authority, torture and qualified homicide for the events that occurred on May 25, 2022, in the municipality of Umbaúba in Sergipe. Upon receiving the complaint, the Court also ordered the preventive detention of the agents to guarantee public order and for repeated violent conduct.
In December, the MPF submitted a request to the Court for the three federal highway police officers to be submitted to the Jury Court, as provided for in the Federal Constitution for cases of intentional crimes against life. The request was accepted by the Federal Court in January this year. In the same decision, the Court rejected the MPF’s complaint for abuse of authority.
After appeals from the agents’ defenses, in July this year, the Federal Regional Court of the 5th Region (TRF5) upheld the decision of the first instance of the Federal Court in Sergipe and confirmed that the three federal highway police officers must be submitted to the Jury Court. The TRF5 also denied the MPF’s appeal for the police officers to be tried for abuse of authority.
Processo 0800438-50.2022.4.05.8502. Procedural Consultation.
The post Justice accepts the MPF’s opinion and condemns the Union to pay R$ 1 million in compensation to Genivaldo’s son appeared first in Jornal de Brasília.
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