São Paulo Court upholds indemnity for fan blinded by rubber bullet

The São Paulo Court of Justice (TJ-SP) has upheld a ruling condemning both the State of São Paulo and Santos Futebol Clube to pay R$ 90,000 in joint compensation to a supporter who was blinded by a rubber bullet.

The injury occurred during a police intervention intended to disperse a crowd near the Urbano Caldeira Stadium following a match. While the defense argued that the exact cause of the ocular injury could not be conclusively identified and that Santos FC held no responsibility for police actions, the court rejected these claims unanimously.

Relator Judge Tania Ahualli noted that although a forensic report did not definitively identify the specific object that caused the injury, the medical evidence and the context of the police action established a sufficient causal link. The decision was based on the Theory of Administrative Risk, which dictates that the State is liable for damages resulting from its conduct regardless of proven intent or fault.