University will have to compensate student assaulted in class.
Josiane de Oliveira was assaulted by a classmate; the university claims no fault for what happened; according to the judge responsible for the decision, the institution is liable in its capacity as a service provider.
A court in Rio de Janeiro has ordered Estácio de Sá University to pay R$10 in moral damages to student Josiane de Oliveira. A student at the Barra campus, she alleged that she was assaulted in the classroom with punches, kicks, and hair-pulling by the partner of a classmate. The fight was only broken up after the intervention of other classmates.
The university claimed it was not at fault for what happened because it involved someone unrelated to the course. According to the institution, the responsibility for ensuring the safety of citizens lies with the State, and therefore, compensation for moral damages would not be justified.
According to Judge Ricardo Couto de Castro, who made the decision, the university is liable as a service provider and must pay compensation for the failure that allowed one of its students to be assaulted on its premises. He considered that there was negligence on the part of the university in its duty of supervision. The decision, released today, is subject to appeal.