An eight -year -old child with Down syndrome is expected to receive compensation of R $ 15.1 thousand for moral and material damage after being assaulted inside a club during a holiday camp in Minas Gerais.
The decision was taken by the 11th Civil Chamber of the Minas Gerais Court of Justice. The names of the parties were not disclosed.
According to the lawsuit, the boy participated in a recreational activity when he was beaten by other children, with his left eye pierced. The parents said the club did not provide due medical care and that they were not promptly warned about the situation.
In court, the boy’s defense asked the club to be sentenced to compensate him for material damages, referring to the amount spent on medical care, and for moral damages, the embarrassment and suffering that the situation generated in him and family members.
The club defended itself, arguing that “there was no damage subject to compensation, the incident was simply due to the misfortune that relates to a joke between two children, without any tendency to have a tendency on its part.” The claim for compensation was denied in the lower court and the victim appealed.
According to the rapporteur, Judge Shirley Fenzi Bertão, who analyzed the process, the case should be analyzed taking into account the Consumer Protection Code, as the child attended the club as a paid vacation colony, and not because of the condition of associate, since he was not a member of the club.
The rapporteur stressed that, “holding the holiday colony, the club assumed the specific duty to guarantee the integrity of children under their custody, guard and protection, showing irrelevant the circumstance that the injury supported by the author would have been the result or not the intention of other children.”
Also according to the rapporteur, the emotional shake experienced by the eight -year -old was evident, as she suffered physical injury away from her parents, being forced to wait for the closing time of activities to receive emotional support and medical care.
The process is being a secret of justice.
This content was originally published in a club will have to indemnify assaulted child during a holiday camp on the CNN Brazil website.
Source: CNN Brasil
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