Judge Rebouças Carvalho, from the 9th Chamber of Public Law of the São Paulo Court of Justice (TJ-SP), determined the postponement of the judgment of the indemnity action filed by photographer Sérgio Silva against the state of São Paulo. Silva lost sight in his left eye after being hit by a rubber bullet fired by military police in June 2013.
Carvalho removed Silva’s action from the agenda so that the composition of judges who will participate in the trial is changed. In 2017, the case reviewer was Décio Notarangeli. Now, Pontes Neto will replace him.
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On leaving court, Maurício Vasques, the photographer’s lawyer, regretted Carvalho’s decision. “I hope that the court becomes aware and applies the new paradigm of the STF (Federal Supreme Court). Sérgio has been waiting ten years for this fair compensation.”
“This violence is perpetuated with the delay of Justice. This delay feeds a pain that I try to forget and that is renewed at each hearing. I hope you notice the obvious, that justice is done and I can move on with my life”, said the photographer.
On June 13, 2013, Silva lost sight in one eye after being shot with a rubber bullet fired by a military police officer. That night, another 14 journalists were injured while covering the protests against rising public transport fares that swept the country.
In its 2016 decision, handed down by judge Olavo Zapol Júnior, the TJ-SP decided that Sérgio Silva was guilty of the fatality that struck him, by “putting himself at risk” during the coverage of the protest, by staying among the protesters and police to take the photo.
However, in 2021, the STF analyzed the case of photographer Alex Silveira, who also lost his sight after being shot by a police rubber shot, and decided that the responsibility lay with the state of São Paulo.
Sérgio Silva filed a lawsuit against the state asking for compensation of R$ 1.2 million, lifetime pension and payment of medical expenses. The photographer hopes that “justice will be done” and has “controlled anxiety for the trial”.
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Editing: Nicolau Soares
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