Morumbi fan hit by sign loses appeal, but São Paulo must pay | OneFootball

The 34th Private Law Chamber of the São Paulo State Court of Justice (TJ-SP) unanimously upheld last week São Paulo’s conviction to pay R$ 10,000 in moral damages to Ivan Bezerra da Silva, a fan struck by a metal plate in the Morumbi stands in May 2025, but denied his appeal.

The panel concluded that the amount set by the lower court is proportional to the seriousness of the accident and the injuries suffered, rejecting the victim’s request for an increase.

The case stems from the incident in which the fan, hit in the shoulder by the metal piece that came loose from the grandstand structure, suffered fractures to his collarbone, shoulder, and arm. Due to the severity of the impact, Ivan needed a 60-day extension of his medical leave, which, according to his defense, compromised his ability to perform his duties as a junior production operator, causing emotional distress and temporary financial dependence on family members.

In the original lower-court ruling, the São Paulo courts had ordered the club to pay R$ 75 for material damages and R$ 10,000 for moral damages, in addition to court costs and attorneys’ fees set at 10% of the economic benefit obtained.

Appeal and criteria for the decision

The fan appealed the decision regarding the amount of moral damages, arguing that the sum of R$ 10,000 was insufficient given the club’s financial power and the emotional and professional impacts resulting from the accident, requesting that the amount be set at at least 50 minimum wages.

When reviewing the appeal, the reporting judge in the case, Appellate Judge Issa Ahmed, noted that liability and the existence of moral damages had already been established, leaving the court only to assess the amount of compensation. The judge highlighted that, although the suffering and the risk to physical integrity were unquestionable, the case did not present the extraordinary clinical requirements that would justify the requested increase.

The reporting judge emphasized that higher amounts in TJ-SP case law are usually reserved for situations involving serious and permanent aftereffects, such as the need for major surgical procedures, the placement of metal prostheses, or prolonged inability to work for periods longer than one year.

“The 60-day absence from work as a result of the fractures suffered, although it reflects undeniable hardship and daily limitations, does not authorize the requested increase to 50 minimum wages, which would require permanent disability or severe anatomical aftereffects duly proven,” the appellate judge stated in his opinion.

After being struck at Morumbi, Ivan was taken to the hospital, where he remained hospitalized for 18 days, 14 of them in serious condition in the Intensive Care Unit (ICU), after suffering traumatic brain injury. One of his children also had to undergo surgery.

The family’s lawyer, Eduardo Barbosa, said at the time that the São Paulo supporter was left with permanent neurological aftereffects, such as facial paralysis, loss of motor control, memory lapses, episodes of imbalance, and the risk of seizures.

With the decision of the 34th Private Law Chamber, the amount of R$ 10,000 in moral damages is upheld, on the grounds that the initial ruling complied with the principles of reasonableness and proportionality between the harm suffered and the parties’ financial capacity.

This article was translated into English by Artificial Intelligence. You can read the original version in 🇧🇷 here.