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In a surprising decision, the Brazilian Navy is forced to retire a corporal who lost his sight while on duty. The court ordered the soldier to retire, emphasizing the responsibility of the Armed Forces to ensure the safety and rights of its members. Similar cases highlight the need for strict protocols and recognition of the rights of military personnel.
In a surprising turn of events, the Brazilian Navy is facing a court ruling that forces it to rehabilitate a corporal who lost his sight as a result of an accident on duty.
The decision, published in Ordinance No. 207, highlights the legal battle waged in the Federal Court of the First Region, where the Navy, represented by the Attorney General's Office (AGU), appealed to the last instance. The Union alleged that the soldier had lost vision in one of his eyes only after his discharge.
Court decision favorable to the military
The judge responsible for the case stated: “It appears that the author suffered an accident at work on 16/12/2018, resulting in a deep cut below his right eye; and there are several documents that attest to the after-effects and treatment of his vision since the date of the accident…”.
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The expert concluded that the incapacity was due to the trauma suffered by the author in 2018, before his licensing.
Thus, federal judge Urbano Leal Berquó Neto added that the Union was seeking to re-discuss an already unfavorable decision, which is unacceptable.
Compliance with the court decision
In compliance with the decision, the Director of Navy Personnel, Vice Admiral Guilherme da Silva Costa, published Ordinance No. 207, which reforms CB-RM2-ML 09.1239.20 RA Ferreira in the position he held when active, with benefits calculated based on the same position.
The arrears owed to the author, as well as other pecuniary rights arising from the court decision, will be paid in accordance with article 100 of the Constitution of the Federative Republic of Brazil. Administrative payment is due from November 27, 2024, the date of the final judgment.
Similar cases in the Armed Forces
This is not an isolated case in the Brazilian Armed Forces. In June 2024, the Federal Regional Court of the 1st Region (TRF1) ordered the Union to pay R$70 to a former military man who lost 40% of his vision while washing a vehicle with diesel oil.
The accident occurred while the soldier was performing his duties as a garage attendant at the 1st Communications and Jungle Electronic Warfare Battalion of the Brazilian Army, in Manaus.
Diesel oil spilled into his left eye, causing retinal burns and requiring a corneal transplant. Treatment was performed at a military hospital, resulting in the recovery of 60% of his vision.
In another case, the Superior Military Court (STM) sentenced a Navy rear admiral to two months in prison for negligent bodily harm. The officer was accused of causing an accident that left a corporal paraplegic.
The incident occurred in September 2013, when the rear admiral took control of a military vehicle without proper training, resulting in the vehicle overturning and permanent injury to the corporal.
Navy procedures in case of accidents
The Brazilian Navy has specific procedures for dealing with accidents involving its military personnel. The Special Prosecutor's Office navy (PEM) is responsible for conducting investigations and processes related to accidents, ensuring that the circumstances are properly investigated and that corrective measures are implemented to prevent future occurrences.
Importance of safety and training
These cases highlight the importance of rigorous safety protocols and adequate training for military personnel.
Failure to comply with safety standards can result in serious accidents, affecting not only the health and lives of military personnel, but also the reputation of Armed Forces.
It is essential that there is an ingrained safety culture, where all members are aware of the risks and necessary preventive measures.
Rights of military personnel in the event of accidents
Military personnel who suffer accidents while on duty have rights guaranteed by law. Depending on the severity and consequences of the accident, the military personnel may be entitled to retirement benefits, compensation for moral, material and aesthetic damages, as well as a lifelong pension in cases of permanent disability.
It is essential that military personnel are aware of their rights and seek legal assistance when necessary to guarantee them.
The court ruling that obliges the Brazilian Navy to retire Corporal RA Ferreira after losing his vision in service highlights the importance of the responsibility of Armed forces in ensuring the safety of its members and in fulfilling its legal obligations in the event of accidents.
Furthermore, it reinforces the need for strict security protocols and recognition of the rights of military personnel who dedicate themselves to serving the nation.
Do you believe that the Brazilian Armed Forces are prepared to adequately deal with service accidents and guarantee the rights of affected military personnel?
