The judge’s decision considered the proximity of each family member to determine the values

The Federal Union was ordered to pay R$1.05 million in compensation to the family of Genivaldo de Jesus dos Santos. Genivaldo was killed in an approach by the Federal Highway Police (PRF) in 2022 in the city of Umbaúba. PRF agents asphyxiated him with tear gas in the trunk of the vehicle after a violent approach. Genivaldo’s family filed a lawsuit in federal court asking for compensation for the moral damage suffered as a result of his loss.

Federal judge Pedro Esperanza Sudário, from the 7th Federal Court of Sergipe, explained in the sentence that the Union is responsible for the damage caused by its agents, regardless of the intention or not of the episode. The magistrate determined different compensations depending on each family member’s proximity to Genivaldo.

Each of Genivaldo’s brothers, for living with him daily, will receive R$100,000. A brother who lived in São Paulo, and had sporadic contact, will receive R$50,000. The sister who welcomed Genivaldo after he separated from his wife, will receive R$125,000, as she is even closer. The nephew who witnessed his uncle’s approach and murder will be compensated R$75,000. The judge considered the trauma of the events themselves and the weight of having been the only one to witness them. The values ​​will be adjusted by SELIC from the date of Genivaldo’s death.

Genivaldo’s mother and son had already been compensated. They received, respectively, R$400,000 and R$500,000. Thus, the Union’s total compensation for Genivaldo’s family was more than R$1.95 million.