04/20/2024 – 16:06
The judges of the 3rd Chamber of Public Law of the Court of Justice of São Paulo confirmed a sentence that ordered the State to compensate R$50,000 for a military police officer who suffered hearing loss following the corporation's shooting course. The PM maintained that he was instructed by instructors not to use ear protectors during the course.
The collegiate maintained the order of judge Luisa Helena Carvalho Pita, from the 2nd Public Treasury Court of Ribeirão Preto, and denied an appeal by the State Public Treasury. The understanding is that there is proof of irregular conduct adopted by the shooting course instructors, who even went through an investigation and administrative disciplinary process.
The State Attorney's Office reported that it analyzes the ruling to decide on an appeal.
According to the initial petition, the PM, when going through the Special Qualification Internship for User of a .40 semi-automatic pistol, was instructed to fire the first shots without the protector, so that he would get used to the noise.
After the first shots, he felt pain and noticed frequent ringing in his right ear, but did not inform his superiors for fear of reprisals. As a result of the episode, he suffered hearing loss, with permanent damage to his right ear.
When analyzing the case, the rapporteur, judge Paola Lorena, highlighted how the medical report contained in the investigation opened against the instructors indicates permanent hearing loss, resulting from acoustic trauma.
“It is not possible to exclude a cause and effect relationship between shooting without hearing protection and the injuries sustained. As for the moral damages, these are evident, taking into account the seriousness of the consequences experienced by the author”, he noted.
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