STJ denies request from the family of singer João Paulo, of the duo with Daniel, to increase compensation paid by BMW

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The company was sentenced to pay R$ 50,000 in moral damages to the widow and daughter of the sertanejo, who died in an accident in 1997. For the STJ, the amount of compensation is not negligible, therefore, it is not subject to review. Singer João Paulo alongside Daniel, with whom he formed a duo until 1997 Reproduction/EPTV The Superior Court of Justice (STJ) rejected this Thursday (23) an appeal from the family of country singer João Paulo, who formed a duo with Daniel, to increase the compensation fixed to the car manufacturer BMW after the accident that caused the death of the artist. The decision was taken unanimously by the Fourth Panel of the STJ. The defense of the widow Roseni Barbosa and the singer’s daughter, Jéssica Reis, questioned the decision of the Court of Justice of São Paulo (TJ-SP) that recognized that there was “concurrent guilt” in the case, therefore, considered that the singer was also responsible for the accident. With this, the TJ reduced the conviction for moral damage generated by the automaker, which had been initially set at R$ 150 thousand. Compensation increased to R$ 50,000 for each family member. The singer died when returning home by car in Brotas (SP), in the early hours of September 12, 1997, after a concert in the city of São Caetano (SP). The BMW 328i/A he was driving overturned, invaded the median and caught fire on Rodovia dos Bandeirantes, in Franco da Rocha, in Greater São Paulo. John Paul was charred to death. In addition to compensation for moral damages, BMW do Brasil and its German headquarters were ordered to pay a monthly pension to the singer’s daughter and wife, of two thirds of João Paulo’s average income in the last six months of his life. At the time, the sertanejo artist received R$ 500 thousand per month. In the judgment, the ministers followed the vote of the rapporteur, Minister Marco Buzzi, to maintain the decision that condemned BMW for moral damage and monthly pension to the singer’s family. But the minister pointed out that the STJ could only revise the amount of compensation if it was established that the defined amount was negligible, which was discarded. The Court has no jurisdiction to review evidence in the case. “Revision of compensation for moral damages is only possible in the event that the arbitrary amounts in the original instance prove to be derisory or exorbitant. If one of these hypotheses is not configured, it is impossible to re-examine the amount set as compensation”, he said. The rapporteur also pointed out that the TJ of SP considered that it was not possible to evaluate the presumed profit of the duo, since there was no guarantee that the singers would continue together, would make concerts and be successful.

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