Clipping of news on Brazilian Culture, Law and Citizenship
03/10/2016
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The 1st Public Law Chamber of TJ kept sentence of Blumenau region which dismissed action brought by the owner of the son of a stolen vehicle in the university parking. The car, which had no insurance, was used by the sister, who at the time of the facts was studying pharmacy.
For the plaintiff, the institution of higher education must answer for the misfortunes that occur on their premises. On appeal, the university argued that the space is open to the public foma free and the amount charged in the monthly fee does not include janitors and supervision of vehicles.
The judge Jorge Luiz Borba, rapporteur of the matter, explained that the liability of educational establishments is removed when access to the parking is free and does not possess control and guard service.
"So if the educational institution did not have a duty to monitor and control the entry and exit of vehicles, nor to guard them against possible thefts, not acted unlawfully, there is no repair duty of the alleged damage," concluded the judge. The decision was unanimous. (Appeal n. 0017817-35.2008.8.24.0008)
Source: TJSC
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This article was translated by an automatic translation system, and was therefore not reviewed by people.