Hotel must pay R$ 280,000,00 to man who lost his wife in crash (Brazil)

Ronaldo Armond's picture

A man who lost his wife in fatal accident at the hotel where they spent their honeymoon will receive R$ 280,000,00 in damages for material and moral damages. The value was increased by the Fourth Chamber of the Superior Court of Justice (STJ). 

According to the documents, the woman died after falling from a height of three meters at the Hotel Serra Azul, Gramado, Rio Grande do Sul. The hotel was held liable because there was no protection in place. The company Perini Hotels and Tourism Ltd. appealed to the Superior Court against the compensation is fixed at  R$ 250 000,00 - fixed since the time of the accident - and against the interest rate adopted. 

Minister Aldir Finch, considered 500 minimum wages decent compensation, but made an adjustment of the value to update it within the parameters adopted by the Supreme Court. As is discussed changing the minimum wage, he has fixed the compensation at R$ 280,000, 00 adjusted from the date of the Fourth Class trial. 

As for default interest, Aldir Finch Junior kept the focus from the date of service, since there was no appeal of the plaintiff for the initial term is retroactive to the date of the accident. As the case was still under the old Civil Code, interest rates were set at 6% per annum until the entry into force of the new Code, when the focus is the Selic rate, with the exception of non-monetary adjustment, which has makes up that rate. 

All ministers met in part of the appeal and gave him provision of this part.

 

X