In group judged was made up of judges Rebouças de Carvalho, rapporteur;

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Décio Notarangeli, reviewer; and Oswaldo Palu, third judge. For internal reasons within the Chamber, the judging panel today is made up of Rebouças de Carvalho, rapporteur; Pontes Neto, reviewer; and Décio Notarangeli, third judge. Due to the change, the photographer's defense requested a new oral argument, as judge Pontes Neto did not follow the 2017 trial. To analyze this issue, the rapporteur removed the process from the agenda, but has already stated that he understands that a new oral argument is not appropriate as it is a request for retraction. But the decision will only be made after the final composition of the judging panel has been defined. If he returns to trial, judge Oswaldo Palu has already informed that he intends to request a review. Silva's lawyer, Maurício Vasques , stated that, regardless of the composition of the judging panel, the expectation is that the TJ-SP will review its previous position to adapt to the STF's new understanding that the State is responsible for damages caused to healthcare professionals. press injured by public agents in street demonstrations.

I hope the court becomes aware and applies the STF's new paradigm," said the lawyer. As the withdrawal from the agenda was due to an issue considered minor by Vasques, the defense hopes that the case will not take long to be judged and reiterated the importance of a new oral argument: "Sérgio has been waiting for ten years for this fair reparation." The photographer attended the session and regretted the postp Special Phone Number Data onement. "It's another chapter of the violence that I've been suffering over these ten years. Each day that passes is as if these ten years have taken on a greater weight. It's difficult to have to remember what happened and sustain a defense of something very obvious. It feeds a trauma , time perpetuates this violence", he said. Blame on the victim Sérgio Silva lost his left eye when he was hit by a rubber bullet that was allegedly fired by the Military Police while covering a demonstration in June 2013. In court, he asked for compensation of R$1.2 million, relating to the damages moral, aesthetic and material.



In addition, he requested a monthly pension of R$2,300, plus R$316 for medical costs. But, in 2016, judge Olavo Zampol Júnior, then head of the 10th Public Finance Court of São Paulo, denied the request for compensation and blamed the photographer for being shot. Silva had, according to the judge, placed himself "at risk" because he positioned himself between the police and the protesters to register the protest. The judge criticized Silva's conduct and stated that "some journalists seek to give visibility to their status (as a press professional) in the midst of the confrontation by sporting vests with this designation, and more recently, bulletproof vests and helmets", which This was not the case with the photographer. In 2017, the same 9th Chamber of Public Law unanimously upheld the sentence. At the time, Rebouças de Carvalho said that demonstrating the damage was not enough, and that clear proof that the public agent had caused the damage was essential for the State's conviction.