MPF and MP-AM obtain conviction of those responsible for indemnity payment shipwreck in 2008The accident occurred with the vessel 'Almirante Monteiro'.
MPF and MP-AM obtain condemnation responsible for sinking the payment of compensation to victims
The Federal Court ordered the Union, the National Agency of Waterway Transportation (ANTAQ), a company F. P. navigation Ltd.. and the entrepreneur Ermelson dos Santos Ferreira to pay 25 minimum wages, as compensation for moral damage, every survivor or victim of family 16 victims who died in the sinking of the vessel 'Almirante Monteiro’ occurred in February 2008, near New Vila Remanso, on the left bank of the Amazon River.
The sentence, which still appeal, It was made public civil action filed by federal prosecutors (MPF) and the Amazonas State Prosecutor (MP-AM) and determines the payment of R $ 110 thousand as compensation for collective moral damage, to be allocated to the Defense Fund of Diffuse Rights.
In 20 February 2008, by volta 23h, a balsa 'Carlos Eduardo’ and the vessel 'Almirante Monteiro’ They clashed near the mouth of the Paraná of Eva, on the left bank of the Amazon River, near New Vila Remanso, in Itacoatiara (a 176 kilometers from Manaus). The shock caused the sinking of the vessel 'Almirante Monteiro', coming from Alenquer, no stop, to the capital of Amazonas.
The MPF and MP-AM point out that the commanders of the two vessels are spotted in time to avoid collision, but they did not, which shows the negligence and lack of preparation leads to water transport. The Captaincy of the Western Amazon River, the lawsuit, also committed faults in the routine inspection and exit of vessels. The vessel 'Almirante Monteiro’ made transport passengers and cargo between the municipalities of Alenquer (PA) and Manaus (AM), when the service in interstate path should be run by the Union, directly or by third parties, through grant, permit or authorization granted by (ANTAQ).
Fluvial Captaincy Report indicated in the court decision indicates that the Almirante Monteiro vessel ', company-owned F. P. Navigation Ltda., bucked several safety standards, including the absence of crew health aide, the embarkation of persons without proper registration and transportation of cargo and passengers in the same compartment.
The Ermelson businessman dos Santos Ferreira, commander of the ferry 'Carlos Eduardo', according to the judgment of the Federal Court, acted with negligence and recklessness in not avoid the collision of vessels, while stating having seen the sunken vessel about a thousand meters away, doing nothing to prevent the accident.
severance payment only at the end of the process
As yet it is the decision reviewed, only after final judgment of sentence, when they are exhausted all possibilities of appeal in the Federal Court, It is that the measures for the payment of compensation to the sinking of the surviving victims and the families of the fatalities could be taken.
In the judgment of the liquidation, therefore, each victim or family must be presented formally in the process, through private attorney or public defender. Since then each case will be examined for the Federal Court to authorize the actual payment of the amounts determined in the sentence, which may also be altered during the phase of resources.