Customer nightclub Manaus gets justice compensation of R $ 12,000 for assault Securities

The defense establishment claimed that the customer, that would be under the influence of alcohol, He was lifted and held a big mess.
21/10/2017 15h02 - Updated 23/10/2017 15h41
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Judge Alexandre Henrique de Araújo Novaes, holder of the 10th Civil Court of the Special Court of Manaus County, sentenced a nightclub located in the center-south of the city to pay compensation in the amount of R $ 12 one thousand, in the form of material damage, a customer who claimed to have been assaulted by security guards of the establishment, after complaining of the delay in the service line to pay the bill.

The defense establishment claimed that the customer, that would be under the influence of alcohol, He was lifted and held a big mess, which required the intervention of security. But the judge, even if the customer has behaved inappropriately, there was excess in the performance of the bar security staff.

To contest the claim, the establishment argued that the facts did not occur as narrated by the customer and the author himself of the action it would have initiated the incident to attack with a nudge of the home security. Because of this, the defense called it absent the alleged moral damage.

Heard on the informant condition - for being a friend of the plaintiff -, a young man who was the victim of aggression at the bar told the judge that soon after start complaining of care, in bill payment queue, the victim was approached by a security, They are taken to another room of the establishment. Approximately 10 minutes later, He returned to find the colleague has all bloody and saying out assaulted by five men, one armed.

The judge, the defense establishment failed to prove that the plaintiff was the cause of the incident nor the security acted in self-defense, after being assaulted by the customer. “… Comparing the evidence given in court with documentary evidence gathered in the file, it is evident the harmful conduct of representatives of (company) required, which greatly exceeded if to try to contain the applicant, imposing be gauged, merely, if the episode authorizes the recognition of moral damage he affirmed, and the consequent duty to indemnify”.

In this sense, said the magistrate, “… the existence of moral damage is linked to the seriousness of the fact that gave rise, as doctrine and jurisprudence homelands… in the case referred to above, I have the moral damage comes from physical assault perpetrated by security guards of the defendant against the author, demonstrating very serious failure in service delivery, revealed not only the breach of the duty to ensure its customers to preserve their physical and psychological safety, ex vi do art. 14 CDC, but also for failure to provide the necessary assistance”.

When fixing the amount of compensation, the judge took into account “that the constraints supported by the author largely surpass normality, with undisputed personal impact”, also serving to “indiligente discourage conduct required business”.

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