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The 2nd District Court of adamantine (SP) sentenced a 29-year-old man to pay compensation for R$ 3 thousand for collective moral damages because of the failure to comply with the period of social isolation after being diagnosed with Covid-19, in March 2021.
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He was caught in public places without a face protection mask and accompanied by others. Authorities issued a notice of infraction and a police report was registered.
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Judge Carlos Gustavo Urquiza Scarazzato stated that the illegality of the defendant’s conduct is expressed by Law No. accountability in case of non-compliance with the rules imposed, with attitudes that increase the risk of contagion for the population.
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“The increase in this risk constitutes indemnifiable legal damage to the diffuse right to the environment with sanitary standards that result from the normative option of our society”, he stressed.
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The magistrate highlighted that the defendant’s posture constituted “serious attack on the public health of the population, as such conduct could have contributed to the contamination of more people”, and that, regardless of whether there has been transmission or not, social damage is characterized, “in which there was concrete exposure of people to illicit risk, due to the deliberate behavior of the Respondent”.
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There is still an appeal against the sentence.
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According to the public civil action filed by the Public Ministry of the State of São Paulo (MPE-SP), the resident of adamantine should remain in isolation between March 5 and 17, 2021, after being diagnosed with Covid-19.
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However, according to information provided by the Epidemiological Surveillance and documents attached to the action, he circulated around the city in contact with other people, did not stay at his residence and resisted obeying the isolation order, which led to the issuance of a notice of infraction and to the registration of the Bulletin of Occurrence.
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Thus, according to the Public Prosecutor’s Office, the person involved “broke” the isolation rule determined by the health authority, on two occasions:
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- on March 13, 2021, went out to play soccer in a public space and
- on March 14, 2021, left home and had contact with other people, as recognized by the patient himself in the Occurrence Bulletin.
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The initial request of the MPE-SP was for the person involved to be sentenced to pay compensation for collective moral damage at the minimum level of R$ 15,000.
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However, the judge understood in the sentence that the amount of R$ 3 thousand was sufficient, given the context of the demand, as well as the serious conduct practiced by the defendant, which was expressly confessed in his defense.
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The magistrate considered that, in the specific case, “there is undeniable social damage, capable of giving rise to the duty to indemnify”.
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“In fact, the Defendant’s conduct aggravated the not insignificant risks of spreading Covid-19, increasing the risks to the whole community, behold, he was fined, in flagrant transit on the public road without the use of a face mask, even though he had full knowledge that he was infected with the virus. This conduct has a concrete ability to expose the community to risks arising from irresponsible individual behavior. Effectively, the pandemic context highlights the relevance of diffuse rights, whose holders are undefined, but that are no less relevant and may suffer less punishment due to irresponsible conduct”, sentenced Carlos Gustavo Urquiza Scarazzato.
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According to the epidemiological bulletin updated on Thursday afternoon (20), adamantine has already recorded 5,250 confirmed cases of the disease and 149 deaths caused by Covid-19.
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Official bulletin of Covid-19 in Adamantina (SP), on January 20, 2022 — Photo: Reproduction
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In his defense presented to the Court, the resident of adamantine acknowledged having been diagnosed with Covid-19 and advised to keep social distance between March 5 and 17, 2021.
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However, he claimed that on March 13, 2021, not noticing any symptoms, he decided to leave his residence because he was feeling suffocated and anxious, going to a place to practice sports, where he stopped to watch a football match. .
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As for March 14, 2021, he said he was in a passageway to other locations, so there were more people in the same space.
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He also said he regretted his act and pondered that he has already been penalized administratively, as well as that the amount is excessive and will punish him excessively.
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