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Decision Guarantees Lifetime Pension of One Minimum Wage and Maintains 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 the vision in his left eye in an accident that occurred within the institution.
The decision establishes a lifetime pension in the amount of one minimum wage and maintains the ruling 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 prior 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 Gained Attention
The student suffered the injury after a classmate threw a mechanical pencil in his direction, causing permanent loss of vision in his left eye.
The first instance recognized a failure in the care within the school, with omission of staff who did not provide first aid and did not arrange for appropriate medical care.
The controversy focused on the right to receive a lifetime pension, in addition to the compensations already defined for non-patrimonial damages.
What Changes Practically for Students and Families
The decision reinforces that, in situations of damage occurring at school age, the reduction of future work capacity can be treated as a presumed consequence.
In practice, this opens up space for lifetime pensions even when the victim was not engaged in paid activity 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 Has Rights and What the Law Says When Applicable
The right to a pension is linked to the reduction of work capacity, as provided for 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 labor capacity can be presumed, given the impact on education and future career.
Based on this reasoning, a lifetime pension of one minimum wage was established for the victim.
How the Process Works When Applicable
The action was brought by the student after the accident, and the Judiciary recognized failures in the initial care conducted within the school.
The case was judged by the local Court, which upheld the ruling for moral and aesthetic damages but removed the lifetime pension.
The matter was re-evaluated in the STJ, which reformed this part and determined the lifetime pension.
Compensation for Moral and Aesthetic Damages Was Also Maintained
In addition to the pension, the amounts defined for compensation for non-patrimonial damages were upheld.
R$ 20,000 for moral damages and R$ 15,000 for aesthetic damages were maintained, considered compatible with the severity of the offense and not resulting in undue enrichment.
The decision also reinforced limits for revising these amounts, avoiding broad re-examination of evidence in higher instances.
Points of Attention and Common Questions
The lifetime pension does not require that the victim was working at the time of the event, as long as there is 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 what career would have been 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 decision established that the school must pay a lifetime pension of one minimum wage to the student who lost the vision in his left eye in an accident within the institution in the Federal District.
Additionally, the compensations of R$ 20,000 for moral damages and R$ 15,000 for aesthetic damages were maintained, reinforcing the practical impact for students and families in situations 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 guarantee a dignified future or is it far below the real impact of the damage?
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