TJ-SP denies compensation to employee attacked with a hoe handle by a colleague on the coast of SP
The São Paulo Court of Justice denied a 103,400 BRL compensation claim from a truck driver who was attacked with a hoe handle by a public security guard in Itanhaém, citing personal motives rather than public duty.
The São Paulo Court of Justice has ruled against a compensation claim of R$ 103,4 thousand made by a truck driver who was assaulted by a security guard in Itanhaém, São Paulo. The incident occurred while the driver was delivering medical certificates at a municipal building; he was attacked with the handle of a hoe, resulting in injuries that required medical attention. The court's decision emphasized that the altercation stemmed from personal issues rather than being related to their roles as public servants.
The conflict, which dates back to a previous dispute in 2019, escalated to violence when the driver, who was 47 years old at the time of the incident, punched the guard in the face just a day prior to the attack. This past altercation was brought up by the municipal administration in their defense, suggesting that the incident was not an official duty-related assault, but rather a result of ongoing personal tensions between the two employees.
The court’s refusal to grant damages has implications for public employees in similar situations, as it highlights the legal boundaries regarding personal disputes among government employees. The ramifications of this ruling may affect how future cases of violence between public servants are assessed, especially regarding accountability and compensation claims connected to personal grievances instead of job-related duties.