Brazil Supreme Court: State must compensate stray bullet victims

The Brazilian Supreme Court has confirmed that the state can be mandated to compensate victims of stray bullets discharged during police operations.

On Thursday (Apr. 11), the Court concluded the trial that commenced last year, which recognized the responsibility of municipal, state, and federal governments for fatalities resulting from confrontations between the Military Police or Armed Forces and criminals in urban areas.

As outlined in the thesis established by the Supreme Court, the state bears civil liability for fatalities or injuries arising from police operations. Furthermore, the rule clarifies that inconclusive police investigations do not exclude the government of responsibility.

The justices deliberated on the case of victim Vanderlei Conceição de Albuquerque, who was struck by a stray bullet during a police operation in the Complexo da Maré, Rio de Janeiro, in June 2015.

Following the ruling, the victim’s parents are entitled to receive compensation totaling BRL 200,000, while Vanderlei’s brother will receive BRL 100,000. Alongside the compensation, the family will receive a lifelong pension and reimbursement for funeral expenses.

In this particular case, the federal government was deemed accountable for the actions of the army. As per the lawsuit, there is no information available regarding the conclusion of the investigation initiated in 2016. The ruling made by the Supreme Court will be applicable to analogous cases.