Brazil: Gol Airlines must compensate the victim's sister to crash for R$ 120,000

Ronaldo Armond's picture

In a unanimous decision, the Fourth Chamber of the Superior Court of Justice (STJ) has confirmed the payment of compensation for moral damages, the sister of one of the victims of air crash involving an airline Gol Linhas Aereas Inteligentes SA and Legacy. The ministers of the Class, following the understanding of the rapporteur, Luis Felipe Minister Solomon kept the conviction Gol payment, reducing the stated value of R$ 190,000 to R$ 120,000.

In September 2006, a Gol Boeing collided with a Legacy jet causing the deaths of 154 passengers and crew. The sister of one of the victims sued the Justice and managed to punitive damages in the amount of $ 190,000.

Bitter, the defense filed a grievance Gol regimental in STJ. Claimed that there were observed the principles of reasonableness and proportionality in the duty to indemnify. It argued further that the sister did not deserve to get paid since there would be other close relatives such as parents with whom it had signed an agreement.

In his opinion, the Minister Luis Felipe Solomon noted that, according to the jurisprudence of the Supreme Court, the brothers of the victim may claim compensation for damages by reason of the death of another brother. However, the Rapporteur considered the value of R$ 190,000 excessive, reducing the value to R$ 120,000, plus any corrections and interest.

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