STJ Condena Escola a Indenizar Pai em R$1 Milhão por Morte de Aluna em Excursão

A Brazilian court has ordered a private school to pay R$1 million (approximately $200,000 USD) in moral damages to the father of a 17-year-old student who died during a school excursion in 2015. The ruling by the Superior Tribunal of Justiça (STJ) overturned a previous decision that had set the compensation at a lower amount of R$400,000.

The Case of Victoria Natalini

Victoria Mafra Natalini was a student at the Escola Waldorf Rudolf Steiner when she died while on a school trip to a farm in the Jundiaí region of São Paulo. Students were prohibited from carrying cell phones during the excursion. According to reports, Victoria left the group to use the restroom and did not return.

Did You Know? The initial search for Victoria focused on the dormitories, and the fire department was not contacted until 18:04 – over three hours after she was last seen – and only at the initiative of the farm’s cook.

An investigation determined that Victoria died by mechanical asphyxiation, though the inquiry was later closed without identifying any suspects. The school’s initial response to her disappearance has been heavily scrutinized.

Negligence and Responsibility

The STJ’s rapporteur, Minister Antônio Carlos Ferreira, found the school negligent in its supervision of students. He emphasized the “succession of failures” that led to Victoria’s death, stating that the school’s duty of care had been “flagrantly violated.” The court considered the school’s financial capacity – noting its insurance coverage of up to R$7.2 million – when restoring the higher damage amount.

Expert Insight: This ruling underscores the significant legal responsibility schools bear for the safety and well-being of students under their care, particularly during off-site activities. The court’s focus on the school’s financial resources suggests a desire to ensure meaningful compensation for the family’s loss.

The school, Escola Waldorf Rudolf Steiner, has not publicly commented on the decision as of the reporting date.

Frequently Asked Questions

What happened to Victoria Natalini?

Victoria Mafra Natalini, a 17-year-old student, died by mechanical asphyxiation during a school excursion in 2015 after leaving the group to use the restroom. The investigation into her death was later closed without identifying any suspects.

What was the original amount of compensation awarded to Victoria’s father?

The Tribunal de Justiça de São Paulo (TJSP) initially awarded Victoria’s father R$400,000 in moral damages. This amount was later overturned by the Superior Tribunal of Justiça (STJ).

Why did the STJ increase the compensation amount?

The STJ increased the compensation to R$1 million, citing the school’s negligence in supervising students and its financial capacity to pay, as evidenced by its insurance coverage of R$7.2 million.

How might this ruling influence school excursion policies and safety protocols in Brazil?