Post by xyz3000 on Feb 12, 2024 10:11:42 GMT 4
Cemig — Companhia Energética de Minas Gerais was ordered to pay more than R$2.5 million in compensation to a farmer to cover losses resulting from a fire on his farm. The fire started because of an electrical discharge caused by a falling wire from the company's electrical network. The decision was made by the 4th Panel of the Superior Court of Justice, which granted a special appeal by owner Durval Heitor Mendonça. In the compensation action, the owner requested compensation for the loss of pastures, half of the clay content of the surface layer of the land affected by the fire, the costs of soil recovery, among other losses. According to the defense, there was a loss of fences and stakes, and animals.
He also asked for compensation for lost profits. Based on an official report, the action was judged valid and Cemig was ordered to compensate the owner with R$ 963 thousand for damages and R$ 1.7 million for lost profits, estimated by the average number of garrotes killed per hectare. When judging Cemig's appeal, the 5th Civil Chamber of the Court of Justice of Minas Gerais reversed the sentence and Estonia Email List accepted the technical assistant's report, which indicated an overestimation in the calculation made by the judicial expert. The owner then appealed to the STJ, alleging, among other things, that the decision was not properly substantiated, when he opted for the report from Cemig's technical assistant. “There is no lack of logic in the fact that the inspector attributed the amount of compensation almost twice as high as the property.
The constructions, improvements and accessions, in general, are worth more than the bare land”, stated the defense. The lawyer also claimed that there was, in this case, an estoppel in relation to the conclusions of the official report, as Cemig did not offer an objection at the appropriate time. The appeal was accepted. According to the rapporteur of the case, Minister Fernando Gonçalves, there could not have been a discussion about the value of the compensation decided in the sentence during the settlement phase. “There was, by decision passed in court, imposing the recovery of the soil, payment for pastures, losses of fences and loss of profits, etc,” he noted. “It is not possible, in the liquidation examination, in true innovation, to change the criteria, for this purpose using — data venia — subjective concepts, dissociated from the model established in the knowledge phase”, concluded the minister.
He also asked for compensation for lost profits. Based on an official report, the action was judged valid and Cemig was ordered to compensate the owner with R$ 963 thousand for damages and R$ 1.7 million for lost profits, estimated by the average number of garrotes killed per hectare. When judging Cemig's appeal, the 5th Civil Chamber of the Court of Justice of Minas Gerais reversed the sentence and Estonia Email List accepted the technical assistant's report, which indicated an overestimation in the calculation made by the judicial expert. The owner then appealed to the STJ, alleging, among other things, that the decision was not properly substantiated, when he opted for the report from Cemig's technical assistant. “There is no lack of logic in the fact that the inspector attributed the amount of compensation almost twice as high as the property.
The constructions, improvements and accessions, in general, are worth more than the bare land”, stated the defense. The lawyer also claimed that there was, in this case, an estoppel in relation to the conclusions of the official report, as Cemig did not offer an objection at the appropriate time. The appeal was accepted. According to the rapporteur of the case, Minister Fernando Gonçalves, there could not have been a discussion about the value of the compensation decided in the sentence during the settlement phase. “There was, by decision passed in court, imposing the recovery of the soil, payment for pastures, losses of fences and loss of profits, etc,” he noted. “It is not possible, in the liquidation examination, in true innovation, to change the criteria, for this purpose using — data venia — subjective concepts, dissociated from the model established in the knowledge phase”, concluded the minister.