The Court of Justice of the Federal District and Territories (TJDFT) determined that the Government of the Federal District (GDF) pay compensation of more than R$6,000 to a driver for damage caused to her vehicle after falling into a hole in the track .
The case happened in April 2024, when the driver was going to work and was surprised by successive potholes on the road. According to her, at one point, her vehicle fell into a huge hole, which caused damage to the car.
The damage to the vehicle totaled R$4,164.00, however the Court understood that the government must pay the amount of R$6,479.47, due to monetary correction.
According to the decision, the amount must be paid by Companhia Urbanizadora da Nova Capital (Novacap), a public company that provides services to the Government of the Federal District. The decision is from the 4th Special Court of Public Finance of the DF and can be appealed.
In the process, the woman claimed that Novacap was to blame for the accident, as the company has a duty to maintain minimum traffic conditions.
The Federal District, in its defense, argues that there is no evidence of her civil liability and that the driver violated her duty of care. Novacap maintains that there was no omission and argues that the driver was negligent.
However, the Court understood that the driver had sufficiently proven the relationship between the damage caused to her car and the poor maintenance of the track.
“The existence and extent of the material damage was also sufficiently proven by the photos and invoices attached to the initial petition, which also demonstrate the causal link between the damage and the poor conservation of the road”, states the decision.
As an argument, the judge cited the Brazilian Traffic Code (CTB), which determines the mandatory signage of any obstacle that compromises the safety of vehicles and pedestrians, which was not complied with in this case.
As a result, the Court concluded that there was a failure on the part of the Public Authorities in not acting to correct or adequately signal the conditions of the road.
This content was originally published in Buraco na pista: Justice condemns DF Government to compensate driver R$6,000 on the CNN Brasil website.
Source: CNN Brasil
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