Correio newspaper | Genivaldo case: Union is ordered to pay more than R$1 million to the family of a man killed in a PRF vehicle

The Federal Court in Sergipe ordered the Union to pay R$1.05 million in compensation for moral damages to the family of Genivaldo de Jesus Santos, killed during an approach by the Federal Highway Police (PRF) in May 2022, in Umbaúba (SE).

In the sentence, judge Pedro Esperanza Sudário, from the 7th Federal Court of Sergipe, assessed that, in this type of action, the State’s civil liability is objective and that the Union is responsible for the damage caused regardless of the intention or fault of the agents involved.

In a note, the Federal Court in Sergipe detailed that, to arrive at the compensation amounts, the judge used the so-called “two-phase method”, a technique applied by the Superior Court of Justice (STJ) in cases of moral damages.

“This method involves two steps: first, an initial value is defined, based on judicial precedents in similar cases; This amount is then adjusted according to the specific circumstances, taking into account the victim’s proximity to their family and the emotional impact suffered.”

For Genivaldo’s brothers who lived with him daily, the amount was set at R$100,000 each, taking into account “the constant coexistence and the strong family bond”. The brother who lived in São Paulo and had sporadic contact with Genivaldo received R$50,000.

Genivaldo’s nephew, who witnessed the police approach and his uncle’s death, was compensated R$75,000, according to the note, “considering the additional trauma of having been the only one to witness the events.”

Finally, Genivaldo’s sister, who lived in the same city and took in her brother after he separated, had the compensation set at R$125,000, “due to the even greater proximity between them”.

“The compensation will be adjusted by the Selic rate from the date of Genivaldo’s death until effective payment”, highlighted the Federal Court in Sergipe.

Genivaldo was approached by PRF agents in May 2022 in the municipality of Umbaúba, while riding a motorcycle without a helmet. During the approach, he was placed inside a vehicle. The police used pepper spray and tear gas with the man already inside the car, which resulted in death from asphyxiation.

Previous compensation

In a previous case, also judged in the 7th Federal Court of Sergipe, Genivaldo’s mother and son had already been compensated for the same incident, receiving, respectively, R$400,000 and R$500,000. Adding the new amounts granted to other family members, the total compensation related to the case exceeds R$1.9 million.