Tiago A. Pereira / Flickr
The Portuguese state came to agree with the parents of a 14 -year -old who died in 2005, after leaving school without permission, in Braga, and will pay 15,500 euros for damage and costs of the process.
The minor left school on June 7, 2005, “after jump a grid existing in the rear ”to go with other colleagues for the, in Esposende, Braga, to take a shower.
Despite swimthe boy “decided to venture into the waters of the river, having for the purpose of a tow ‘nylon’ in the waistattacking the other end in a large stone that was on the bank. ”
By “throwing the water and moving to the interior of the river, The stone fell to the waterwhich determined the immediate sinking ”of the minor.
“Parents have always claimed the violation of the ‘in vigilando’ guilt”, since they “understood that school had a duty to watch over the son what I was not allowed to leave of the educational establishment ”, maintains the family lawyer, Carlos Pires, in statements to Lusa.
For the lawyer, the case was “poorly decided” in all internal instances.
In 2006, the criminal proceedings that ran at the Esposende Court was filed, “because proof quite not to have a crime“.
In October 2009, the young man’s parents began a civil process against the Portuguese State in the Administrative and Tax Court (TAF) that, in 2014, the action was rejected, the action, acquitting the state.
Violation of the duty of surveillance
The parents eventually resorted to the Northern Central Administrative Court, proposing, “by way of property and non -heritage, the global amount of 252 thousand euros for the death of your son ”.
They claimed the parent of the minor that the school did not take proper steps for the minor not to be absent from the room, accusing the establishment of Violation of the duty of surveillance.
In 2022, 13 years after the beginning of the civil process, the North Central Administrative Court dismissed the appeal and upheld the TAF decision.
Parents appealed to the European Court
It was then that the parents decided to resort to European court And the outcome was now known, with an agreement between the parts.
“Or court [Europeu dos Direitos Humanos (TEDH)] received the statements of friendly resolutionsigned by the parties, ”says a note from the fourth section of that court to which the Lusa agency had access.
The Portuguese State undertakes to pay 13 thousand euros for non -pecuniary damage e 2,500 euros for costs.
According to Tedh, “these amounts must be paid within three months from the date of notification of the court’s decision.”
“In case of non-payment,” the government is committed to paying simple interest on them, ”adds the European court.
