Woman victim of violent police approach on Christmas Eve should be compensated, says TJ-MA

Woman victim of violent police approach on Christmas Eve should be compensated, says TJ-MA
Woman victim of violent police approach on Christmas Eve should be compensated, says TJ-MA

Justice determined that the State pay a fine of R$ 10 thousand to the woman victim of excessive PM approach. (Photo: Publicity)

SÃO LUÍS – The Maranhão Court of Justice (TJ-MA) has set a fine of R$10,000 for the State to pay to a woman who was the victim of an excessive military police approach on Christmas Eve 2008. The victim is a resident of São Luís and said that she suffered a violent and embarrassing approach from public security professionals, on the grounds that they were in pursuit of a robber on a motorcycle similar to hers.

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Judge Jamil Gedeon, who is part of the 3rd Chamber of the Court of Justice of Maranhão, who analyzed the request for compensation due to the alleged illicit act practiced by the military. The magistrate said that the public administration must indemnify the damages caused by its agents, as long as they are proven.

He also pointed out that, in the case in question, it is only necessary to speak of civil liability of the State for an act performed by a police officer in the exercise of the activity and that constitutes excess of action, since the strict fulfillment of legal duty excludes this responsibility.

excessive approach

Judge Jamil Gedeon understood that the excessive approach was proven. He highlighted that the author said that she had been approached because she was standing next to a motorcycle that the police claimed was similar to the motorcycle of a robber they were in pursuit, and that, because she did not have the motorcycle document, she was violently driven to a police station.

Witnesses heard at the hearing, presented by the victim, were unanimous in reporting that they witnessed the violent driving of the victim who, at the time of the case, was a salesperson. She suffered physical and verbal aggression when being placed inside the van.

According to the magistrate, the State failed to present any documentation that clarified the reason for taking the plaintiff to the police station. He added that there was no response from the Police Command or the State of Maranhão, during the first requests, to inform the names of the police officers who were on duty on December 24, 2008, in the vehicle with a license plate pointed to by the victim.

The judge stated that, after analyzing the records, especially the testimonial evidence, and the defendant’s unjustified resistance to presenting the police or any witness to clarify the facts, the author’s version gains strength, describing the abuse that occurred in the police approach.

Indemnity

The rapporteur recorded that there was a violent police approach and physical and verbal aggression, which, in themselves, justify the condemnation of the State to the obligation to indemnify for the moral damages suffered in the face of the excess in the police approach. He understood that the payment in the amount of R$ 10 thousand, with interest and monetary correction, is proportional and reasonable.

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The article is in Portuguese

Tags: Woman victim violent police approach Christmas Eve compensated TJMA

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