STJ: State will have to compensate residents for body found in water tank

11/26/2015 - 7:45 a.m.DECISIONState will have to compensate residents for body found in water tank
The Second Chamber of the Superior Court of Justice (STJ) recognized the state's duty to indemnify two residents of the city of San Francisco (MG) to have consumed water from a reservoir in which was found a human corpse decomposing. Following the vote of the rapporteur, Minister Humberto Martins, the group concluded that there was a failure of duty of effective supervision of the Company's water tank Sanitation Minas Gerais (Copasa).
The incident occurred in 2010 and generated several judicial actions of local residents. In first grade, the ruling denied the request for compensation for moral damage. The residents appealed, but the decision was upheld.
The Minas Gerais Court of Justice held that, although the uncomfortable realization that there was a corpse in the reservoir, "there was no proof that the event has shaken psychologically" residents or caused them any damage. The court also pointed out the existence of an expert report in which it was found that the liquid was fit for consumption.
Failure
The residents appealed to the Supreme Court. At first, the Minister Humberto Martins individually decided the issue, recognizing the subjective responsibility for failure of the concessionaire due to failure in the duty of care of the water tank.
"Despite the argument to the effect that was observed all reasonable measures to maintain local security, the fact is that it has been hacked, and the reservoir was likely to breach when it was left a human corpse," he noted. Compensation was set at $ 3000 for each resident, with default interest of 1% per month from the date of the damaging event.
Damage alleged
Copasa appealed, asking that the matter be examined by the group. Ministers confirmed the rapporteur's position. For Humberto Martins, was presumed damage (in re ipsa), which dispenses evidence of off-balance sheet losses, since the evidence of the occurrence of illegal act is sufficient.
Martins said he was characterized failure in providing the service, indemnification for moral damage when Copasa did not ensure the quality of the water distributed to the population.
The Minister assessed as denying the occurrence of affront to human dignity, "consistent in disgust, anguish, humiliation and helplessness of the person become aware that consumed water contaminated by dead body in an advanced stage of decomposition. Feelings that can not be confused with mere unpleasantness everyday. "
Point of order
In a judgment point of order, the First Panel of STJ decided to take for analysis of the First Section REsp 1,418,821. The author is a mining town resident who asks for damages because a body six months ago decomposed, was found in the water tank that supplies the municipality.
There are several resources on the same fact in STJ. The rapporteur of this case, Minister Napoleon Nunes Maia Daughter detected divergent decisions of ministers of the First and Second Panels and suggested that the case be assigned to the section, which brings together the ministers of the two boards.