The court ordered the state of Rio de Janeiro to pay R $ 400 thousand to the family of Luanna da Silva Pereira, a 28-year-old nurse, who was shot during a confrontation between police and traffickers in Vicar General in 2021. The decision was issued by the 5th Chamber of Public Law last Monday (17).
On March 4, 2021, police officers of the 38th DP (Brás de Pina) and the Special Resources Coordination (Core) carried out an operation in Parada de Lucas, in Rio’s North Zone. When Luanna opened the door of her house, she was shot in the head and abdomen, dying. She left a 9 -year -old daughter at the time.
The sentence considered partially upheld the family’s request, condemning the State to pay a monthly pension to the victim’s daughter, in the amount of two thirds of the minimum wage until she turns 18 or 24, if she is attending higher education. It was also determined the compensation for moral damages: $ 200,000 for her daughter, $ 100,000 for her brother and $ 100,000 for Luanna’s husband.
In his defense, the state argued that there was no evidence that the shots departed from police and claimed that the operation was shot by criminals. However, the state’s civil liability was maintained, based on the understanding that the compensation is due by the death of the victim.
The Court reinforced the responsibility of the State, following the jurisprudence of the Federal Supreme Court (STF) in cases of “lost bullet” during police operations.
The decision was unanimously taken by the judges of the fifth Chamber of Public Law of the Rio de Janeiro State Court of Justice. They rejected the state’s appeal and partially welcomed Luanna’s family appeal, maintaining the conviction to pay the indemnity and pension, as determined in the vote of the Judge Raquel de Oliveira.
This content was originally published in a state of Rio is sentenced to pay $ 400,000 to the family of nurse killed on CNN Brazil.
Source: CNN Brasil
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