Son of political amnesty fired for participating in strike should receive compensation

Raul Mariano Júnior, judge of the 8th Federal Court of Campinas/SP, ordered the Union to pay 100,000 reais in moral damages to his son under a political amnesty, dismissed in July 1983 after participating in a strike from Petrobras. The decision was made last Monday (21).

The Union demanded prescription, administrative competence, and lack of evidence of actual damage, causation, and civil liability.

The federal judge, having analyzed the case (5000688-35.2021.4.03.6105), recognized the right of the heirs to compensation for non-pecuniary damage and the inevitability of a claim for damages in connection with political persecution during the military dictatorship (1964-1985).

According to the justice of the peace, “dissatisfaction with the resignation of the author’s father in connection with his participation in the general strike of oil workers does not require interrogation and evidence. His daily routine was suddenly interrupted and his dignity was offended by actions that were considered subversive, which certainly affected his psychology due to the humiliation he suffered and the withdrawal from public life, ”said the federal judge.

The Minister of Justice has already announced the conditions for a political amnesty and provided economic compensation based on Law no. 10.559/2002. For a federal judge, this fact emphasizes the objective responsibility of the state.

According to the justice of the peace, the amount of compensation should “serve as a consolation to the victim and dissuade the perpetrator from committing other offenses due to the preventive and repressive nature.”

According to the Court of Santa Catarina (TJSC).

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