The Rio de Janeiro Court of Justice (TJRJ), through the 8th Chamber of Private Law unanimously, ruled the condemnation of the Metro Rio dealership to the payment of compensation for moral damages to three musicians forcibly taken by security guards from the Central Station of Brazilin November 2015.
The board rejected the appeal and maintained the compensation of $ 30,000 for Thales Browne Rodrigues Câmara, who suffered the most serious injuries, and $ 15,000 for Yuri Rodrigues Genuncio and Thiago Mello do Valle.
In his vote, Judge Cezar Augusto Rodrigues Costa, rapporteur of the case, described that the “liability of the carrier is objective, as provided for in the Consumer Protection Code, and the company is responsible for ensuring the physical integrity of its passengers during the route”.
The magistrate pointed out that “the safety clause of the transport contract was violated when the security guards, instead of preserving the order proportionally, resorted to unjustified physical strength.”
Safety cameras images, crime examination reports and witness reports confirm that the musicians were beaten after a presentation inside the wagon.
For the judge, the action of the agents “was excessive, unreasonable and incompatible with the legal limits of the surveillance function.”
“The concessionaire, as a public service provider, is responsible for damage caused to its users, regardless of guilt, when configured the failure to provide the service,” wrote Judge Cezar Costa.
