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Ruling Guarantees Lifetime Pension of One Minimum Wage and Upholds Compensation for Moral and Aesthetic Damages After Permanent Injury to 14-Year-Old Student
The 4th Panel of the Superior Court of Justice determined that a private school in the Federal District must pay a lifetime pension to a student who lost vision in the left eye in an accident that occurred within the institution.
The ruling establishes a lifetime pension in the amount of one minimum wage and maintains the conviction for payment of compensation for moral damages and aesthetic damages.
The case involves a student who was 14 years old when he suffered the permanent injury. The discussion reached the STJ after a previous understanding denied the pension on the grounds that there would be no impediment to future work.
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What Happened and Why It Caught Attention
The student suffered the injury after a classmate threw a mechanical pencil at him, causing permanent loss of vision in the left eye.
The first instance recognized a failure in the service within the school, with omission by employees in not providing first aid and not arranging for proper medical treatment.
The controversy focused on the right to receive a lifetime pension, in addition to the compensations already defined for extrapatrimonial damages.
What Changes in Practice for Students and Families
The ruling reinforces that, in cases of damage occurring at school age, the reduction of future work capacity can be treated as a presumed consequence.
Practically, this opens space for lifetime pension even when the victim was not engaged in paid activities at the time of the accident.
The understanding also highlights that the analysis is not limited to the profession intended by the young person, as the damage can affect opportunities throughout life.
Who Is Entitled and What the Law Says When Applicable
The right to a pension is linked to the reduction of work capacity, as provided in the Civil Code, and does not depend on proof of prior income.
In cases of injury during school age, the loss or limitation of work capacity can be presumed, given the impact on education and future professional life.
Based on this reasoning, a lifetime pension of one minimum wage was set for the victim.
How the Process Works When Applicable
The action was filed by the student after the accident, and the Judiciary recognized failures in the handling of the initial care within the school.
The case was judged in the local court, which upheld the conviction for moral and aesthetic damages but dismissed the lifetime pension.
The matter was re-evaluated at the STJ, which amended this part and determined lifetime pension.
Compensation for Moral and Aesthetic Damages Was Also Maintained
In addition to the pension, the amounts defined for the reparation of extrapatrimonial damages were upheld.
The amounts of R$ 20,000 for moral damages and R$ 15,000 for aesthetic damages were maintained, deemed compatible with the severity of the offense and not generating undue enrichment.
The ruling also reinforced limits for reviewing these amounts, avoiding broad reexamination of evidence in higher instances.
Points of Attention and Common Questions
The lifetime pension does not require that the victim was working when the incident occurred, as long as there is a reduction of work capacity.
The occurrence at school age weighs in the analysis, as the impact usually reaches future professional life, even without certainty about which career would be pursued.
In the specific case, the loss of vision in the left eye was treated as a permanent injury capable of justifying the pension.
The STJ ruling established that the school must pay lifetime pension of one minimum wage to the student who lost vision in the left eye in an accident within the institution in the Federal District.
Furthermore, the compensations of R$ 20,000 for moral damages and R$ 15,000 for aesthetic damages were upheld, reinforcing the practical impact for students and families in cases of permanent injury occurring at school.
Do you think that one minimum wage per month is enough to compensate for the permanent loss of vision of a young student? Does this amount ensure a dignified future, or is it far below the real impact of the damage?
Esse “castigo permanente à escola…” É, RIDÍCULO. O, acidentado, carregará prá sempre, a dificuldade e o perigo, em dirigir carro. Ou talvez, nem possa dirigir. MUITAS OUTRAS ATIVIDADES, SERÃO NEUTRALIZADAS, PRÁ SEMPRE.
ENTÃO… UM SAL. MÍNIMO; É, ESMOLA.
Com certeza, um salário mínimo é pouco, no entanto, pra esses homens, que sugam o país, recebendo salários altos e várias regalias, pagar um salário mínimo pra seus empregados é um valor muito alto, daí a decisão de 1Sm.
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