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Court Recognizes Airport Failure in Guarulhos and Orders Compensation for Wheelchair Removal.
A woman with physical disabilities will be compensated in R$ 15 thousand after being prevented from using a wheelchair at the Guarulhos airport in São Paulo.
The decision was upheld this week by the São Paulo Court of Justice, which recognized failure in service provision and violation of fundamental rights.
The incident occurred when Vitória Scomparim, a resident of Tatuí (SP), went to the airport to pick up family members and needed assistance to move around the terminal.
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According to court records, the restriction was imposed by a security guard at the airport, who removed the wheelchair used by Vitória without offering any appropriate alternative.
The case gained attention precisely for involving accessibility, human dignity, and the right of people with disabilities to move with autonomy in public spaces.
“It Was Embarrassing and Inhumane,” Victim Reports
In an interview, Vitória described the situation as humiliating. According to her, the wheelchair was obtained with the help of relatives, similar to what happens in shopping malls and supermarkets.
However, shortly after, an employee of the Guarulhos airport ordered the immediate removal of the equipment.
“He said that the wheelchair could not be used because a person had granted its use. We only requested it, as in shopping malls and supermarkets, they did not ask if I was boarding or not. The wheelchair was simply taken away from me”, recalled Vitória.
The woman reported that she tried to negotiate, but the employee remained adamant. Meanwhile, what should have been a family reunion turned into a traumatic moment.
Lack of Alternative Aggravated Embarrassment at the Airport
Without the wheelchair, Vitória had no support within the airport. According to her account, the security guard even suggested that she be left sitting in a fixed location while the wheelchair should be returned.
“It was asked if I could be, at least, taken to the car with the wheelchair and he said no. The security guard only pointed to a set of four other wheelchairs, told me to stay seated, and return it there. No minimally humane alternative was offered; I felt like an object”, she lamented.
Faced with the situation, Vitória had to be carried to the car by relatives, which intensified her feelings of exposure and vulnerability.
Court Recognizes Failure and Ensures Compensation
The decision ensuring the compensation comes from the 25th Chamber of Private Law of the São Paulo Court of Justice, which upheld the ruling of the 2nd Civil Court of Tatuí.
The lawsuit had as defendants the concessionaire responsible for the management of the Guarulhos airport.
In reviewing the appeal, the case’s reporter, judge Mary Grün, rejected the concessionaire’s argument that it had no legal obligation to provide wheelchairs to people who were not passengers.
For the judge, this understanding does not eliminate the duty to ensure dignity in service to users, especially for people with disabilities.
Wheelchair Was Not Reserved for Emergency
Another point highlighted by the reporter was the lack of evidence that the wheelchair used by Vitória was reserved for medical emergencies or was indispensable to another person at that moment.
“There is no evidence in the records demonstrating that the particular equipment (…) was reserved or was strictly necessary, to the detriment of any other equipment available on site,” she added.
Thus, the failure in service provision and the violation of basic accessibility principles were established.
Decision Reinforces Rights of People with Disabilities
For the court, the conduct of the security guard directly violated human dignity. The reporter emphasized that the lack of an adequate alternative for locomotion aggravated the situation.
“The conduct of the defendant, through its representatives, (…) when determining that a person with physical disabilities, accompanied by a child, leave the wheelchair that had been provided to her, without presenting an adequate alternative for her locomotion, violates the principle of human dignity and the fundamental rights of persons with disabilities,” she concluded.
The judgment was unanimous and included the participation of judges João Antunes and Rodolfo César Milano.
Concessionaire Did Not Comment
Contacted for comments on the court decision, the concessionaire responsible for the Guarulhos airport stated that it will not comment on the case.
For Vitória, however, the compensation represents an important advancement.
“Perhaps they have realized the magnitude of what was done due to the lack of training of the employees. Unfortunately, humanity is not always demanded from people”, she concluded.
The case reinforces the need for proper training and effective accessibility policies in large terminals, so that situations like this do not recur.
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