The Federal Regional Court of the 3rd Region (TRF-3) has ruled that the federal government and the state of São Paulo must pay compensation of 300,000 reais to a woman who suffered torture and illegal imprisonment during the military regime. The decision, issued by the court’s Fourth Panel on April 9, upholds a previous ruling that recognized the moral damages faced by the victim between 1968 and 1971, a period marked by political repression in the country.
The woman, then a university student, was living in a student residence at the University of São Paulo (USP) when she became a target of persecution following the enactment of Institutional Act Number 5 (AI-5) in 1968.
During her detention, she was subjected to brutal torture methods, including electric shocks and the injection of ether into her foot, common practices used by the dictatorship’s repressive bodies against political dissidents.
Federal Judge Paulo Alberto Sarno, the case’s rapporteur at TRF-3, highlighted the severity of the moral damages suffered by the victim. He noted that the pain resulted not only from the deprivation of liberty under extreme violence but also from constant police persecution and the loss of employment for political and ideological reasons.
Sarno emphasized that the evidence presented in the case proves the extent of the suffering imposed on the woman during those years.
The federal government and the state of São Paulo appealed the initial ruling, arguing that the action was time-barred and that the compensation amount was excessive. They also claimed that the victim was already receiving an administrative pension for being recognized as a political amnesty recipient, questioning the application of interest and monetary correction on the compensation.
The rapporteur rejected the arguments, maintaining that the Superior Court of Justice (STJ) jurisprudence considers actions for reparation due to torture and persecution during the military regime to be imprescriptible. Sarno clarified that the administrative pension does not exclude the right to compensation for moral damages, as they have distinct legal natures, and argued that the amount of 300,000 reais is proportional to the gravity of the facts, fulfilling both the compensatory and punitive functions of the measure.
The decision reinforces the judiciary’s role in redressing historical violations. According to the official TRF-3 portal, the Fourth Panel’s judgment represents a landmark in recognizing the rights of victims of abuses committed during the dictatorial period, highlighting the ongoing efforts to hold those responsible for such acts accountable, even decades after the events.
With information from cartacapital.com.br.
Original published at O Cafezinho.