The Federal Court in Sergipe ordered, this Tuesday (12), the Brazilian State to pay compensation for moral damages in the amount of R$ 1 million to the son of Genivaldo Santos, aged 38, who was killed by agents of the Federal Highway Police (PRF), in May 2022.
At the time, agents William de Barros Noia, Kleber Nascimento Freitas and Paulo Rodolpho Lima Nascimento locked Genivaldo Santos in the trunk of the PRF car and asphyxiated him with toxic gases.
:: After Genivaldo case, black movement reinforces request to close Alfacon course ::
In addition to the compensation, judge Rafael Soares Souza, head of the 7th Federal Court, of the Judiciary Subsection of Estância, ordered the payment of a pension worth two thirds of the minimum wage, around R$800 per month, to the victim’s son.
Maria Fabiana Santos, however, was not entitled to compensation, since, in the judge’s view, it was not proven that she is Genivaldo’s widow. Fabiana and the couple’s son’s lawyer, Priscilla Mendes, informed that she will appeal the decision, given that the state level had already recognized Fabiana as Genivaldo’s companion.
On the same day as the Federal Court’s decision in Sergipe, the Federal Attorney General’s Office (AGU) reported that it had reached an agreement to pay R$405,000 to Maria Vicente de Jesus, Genivaldo’s mother, as compensation and compensation for material damage caused by the burial.
Judgment of those involved
One year and four months after Genivaldo’s murder, agents William de Barros Noia, Kleber Nascimento Freitas and Paulo Rodolpho Lima Nascimento have not yet been tried. The three must be submitted to a popular jury, as determined by the Federal Court in Sergipe.
The three were only fired from the PRF in August 2023, a year after the PRF recommended the dismissal of those involved in a disciplinary report.
On September 26 last year, they were indicted by the PF for triple homicide and abuse of authority. On October 10, the Federal Public Ministry (MPF) filed criminal charges against the police officers. Four days later, they were arrested after voluntarily reporting to the Federal Police (PF).
According to the MPF, the victim had injuries to his cheekbones, ears, neck, eyebrows, elbows, knees, hands, feet and wrists. The expert report revealed that Genivaldo did not threaten the police officers or react to the approach, but “maintained a defensive position and followed the commands verbalized by the police officers, only verbally questioning the reason for the attacks”.
Also according to the MPF complaint, police officer Paulo Rodolpho Nascimento was responsible for triggering a tear gas grenade inside the vehicle. Then, Nascimento and William Noia prevented Genivaldo de Jesus dos Santos from leaving for almost two minutes.
:: PRF changes its speech and says it does not condone the action that killed Genivaldo ::
For the MPF, the agents disregarded “the wide range of circumstances indicative of Genivaldo’s imminent death as a result of the conduct perpetrated by them” and also “disregarded the warnings of people nearby and the victim’s own painful reaction subjected to the effects of the gas “.
According to the police force’s version, the approach occurred because Genivaldo was riding a motorcycle without wearing a helmet. At the time, the Federal Highway Police (PRF) claimed that Genivaldo “actively” resisted the intervention of the police and, due to his “aggressiveness”, it was necessary to use instruments “with less offensive potential” to take him to the police station.
However, videos recorded and shared on social media show that Genivaldo was immobilized by three agents, later placed in the trunk and suffocated to death. One of the officers held the vehicle door over the victim’s legs, applying pressure to ensure he could not escape.
Editing: Vivian Virissimo