Araçuaí municipality ordered to indemnify sanitation worker

The Court of Justice of Minas Gerais (TJMG) has upheld a ruling requiring the municipality of Araçuaí to indemnify a sanitation worker who lost partial vision after being struck by a stone. The incident occurred in August 2018 when a garbage truck driver threw a stone to scare a dog, inadvertently hitting the worker.

The court ordered the municipality to pay R$ 30,000 for moral damages and R$ 30,000 for aesthetic damages. Additionally, the worker is entitled to a monthly pension equivalent to 10% of his salary at the time of the accident due to his compromised work capacity.

In its appeal, the municipal administration argued it should not be held liable because the stone was thrown by a third party and suggested the worker shared fault for appearing suddenly behind the vehicle. However, the rapporteur, Judge Áurea Brasil, rejected these arguments, citing testimonial evidence and expert reports that identified the accident as a failure in public service provision due to a lack of safety and caution.