Government of RJ loses appeal and Justice confirms compensation of R$ 250 thousand to the family of DG, dancer of ‘Esquenta’ | Rio de Janeiro

The state government had filed an appeal against the compensation, but the judge did not accept, claiming that, in these cases, the value is only reviewed if it is derisory or exorbitant.

“The value established in the first instance for moral damages should only be reviewed in cases where the conviction is derisory or exorbitant, distancing itself from reasonable standards. The amount established in the sentence, R$ 100 thousand to the plaintiff and the victim’s mother; BRL 100,000 to the claimant’s daughter and BRL 50,000 to the plaintiff’s niece, with whom the deceased also resided and flaunted the figure of a caregiver, is in line with the principles of proportionality and reasonableness”, he wrote in his decision.

Mother and daughter will also receive pension

The document also endorses that the mother and daughter of DG receive aa state pension based on 2/3 (two thirds) of salary that he received during his lifetime, according to the paycheck presented, plus interest on late payment and monetary correction.

The amount must be paid to DG’s mother until she turns 71according to the life expectancy published by the IBGE in 2014, or until the mother’s death, whichever occurs first.

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The dancer’s daughter, on the other hand, must receive the state pension until the date on which turn 25, the value being adjusted annually by the IPCA-E.

The decision in the first instance, which determined the payment of moral damage, is from May 2021.

At the time of his death, Douglas was 26 years old and worked at Rede Globo as a dancer on the program “Esquenta”, presented by actress Regina Casé.

In the lawsuit, RJ representatives argued that in all three cases for the dancer’s death, the professional was in a “place used as a bunker by criminals, from where, even, shots were being fired towards the military police”.

Shot that killed dancer DG came out of Police gun

Shot that killed dancer DG came out of Police gun

But the magistrate at the time rejected the allegations, noting that the thesis brought from the state “does not fit into any self-defense or strict compliance with a legal duty.” Judge Maria Gomes also considered that none of the documents presented indicated that DG was armed “or in the company of miscreants, who were shooting when shot”.

The sentence also determines that the DG’s daughter and mother receive psychiatric or psychological care, in the Unified Health System (SUS), or, if there is no offer in the public service, that the state pay for the sessions.

About Abhishek Pratap

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