The state will have to compensate a victim of the dictatorship.
Maria das Dores Gomes da Silva will have to receive R$ 100 in compensation from the State after the 1st Chamber of Public Law of the Court of Justice of Pernambuco (TJPE) unanimously denied her appeal; the payment is due to Maria's wrongful imprisonment on two occasions during the military dictatorship, in 1969 and 1971; the state will also have to cover the legal costs of the process.
Mariana Almeida _PE247 - The State of Pernambuco will have to compensate Maria das Dores Gomes da Silva with R$ 100,000 after the 1st Chamber of Public Law of the Court of Justice of Pernambuco (TJPE) unanimously denied the appeal in the case. The payment is due to Maria's wrongful imprisonment on two occasions during the military dictatorship, in 1969 and 1971. The first-instance ruling was issued by Judge José André Machado da Barbosa Pinto, of the First Public Treasury Court of the Capital. In addition to the compensation, the State will have to cover the legal costs, set at R$ 2,000.
Maria das Dores was illegally arrested by state agents twice. The first arrest, on November 22, 1969, lasted 22 days. During her imprisonment, she claims she was tortured, malnourished (she was allegedly fed only bread and water), had her property vandalized, and was forced to have sexual relations with her captors. Two years later, in 1971, Maria was detained again to testify about the death of her husband (who died in state custody). After being released, she was still stigmatized as a communist and former prisoner, suffering social isolation.
According to Judge André Machado, even if the imprisonment were considered legal, it would still need to have a minimum humanitarian condition. "Imprisonment, even if justified, must guarantee minimum conditions for the preservation of human dignity. I repeat, even if the imprisonment is legal. Improper, inappropriate, inconvenient, arbitrary, despotic, dictatorial imprisonment is inherently flawed, and as such, it carries within it vexatious situations, including violence, oppression, abuse, torment, and ultimately, torture and disrespect for human dignity," he wrote. The magistrate also stated that the amount of R$ 100 is fair to compensate for all the physical, mental, and social abuse suffered by Maria das Dores.
The rapporteur for the case in the second instance, Judge Erik Simões, declared that the State must compensate those who suffered the most severe violations during the military dictatorship. "According to international law, states have a duty to provide reparations to victims of serious human rights violations. In short, states have affirmative obligations to answer for violations of fundamental rights," the judge stated in his opinion.