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TJDFT Decision Recognized State Negligence After Recovered Vehicle in 2015 Was Only Reported to Owner in 2024, Establishing Moral and Material Compensation for Deterioration During Ten Years of Custody
The Court of Justice of the Federal District and Territories ordered the Federal District to compensate a woman who was without her car for almost 10 years, even after its recovery by the Civil Police, recognizing administrative failure and setting R$ 7 thousand for moral damages, in the Federal District.
Decision Recognizes State Failure
The 4th Civil Chamber of TJDFT considered the state’s manifest negligence in the delay of the vehicle’s return, recognizing an administrative error capable of generating civil liability.
According to TJDFT, in addition to moral damages, there was recognition of the right to material compensation for the deterioration of the automobile during the period of state custody.
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The panel emphasized that the unjustified delay exceeded reasonable parameters, characterizing prolonged deprivation of the asset, in accordance with the understanding established in the judgment of the appeals presented.
History of the Inquiry and Vehicle Seizure
According to the case analyzed by TJDFT, a police inquiry was initiated in December 2012 to investigate the theft of the author’s vehicle.
The vehicle, a Gol 1.0, year 2007/2008, remained in the possession of PCDF since 2015, according to the records, without communication to the owner.
The location of the asset was only reported to the owner in 2024, almost 10 years after the seizure, according to records in the judicial process.
The woman reported that, instead of immediate return, the vehicle remained abandoned, resulting in progressive deterioration over the years.
Appeals and Arguments from the Parties
At the first instance, the Federal District was condemned for moral damages, a decision that prompted appeals from both the author and the public entity itself.
The owner requested an increase in the amount and inclusion of material compensation, due to the loss of condition of the vehicle during state custody.
The Federal District argued that there was no omission, claiming that the return occurred after expert evaluation and difficulties in locating the owner.
TJDFT rejected the arguments and set R$ 7 thousand for moral damages, in addition to material compensation for deterioration, considering the period under the defendant’s custody.
With information from Metrópoles.
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3 pessoas reagiram a isso.