The practice of professions involving situations in which your physical integrity is tested on many occasions is always a great fear for both those who exercise it and for those who witness this situation, and in many cases this can even end up causing damage that, in theory, should not occur due to the context in which, for example, a photographer is inserted.
Whether they are those covering events such as wars, armed conflicts, demonstrations with the obvious risk of intense violence, in short, they all end up being subjected to extremely unpleasant situations, but which in no case are limited to the realization of a work widely illustrative. Unfortunately, this panorama brought a serious sequence to professional Sérgio Silva four years ago, more precisely in June 2013.
- During a demonstration in the city of Sao Paulo during the year cited at the expense of the increase in the price of the bus.
- Sergio was hit by a rubber bullet in his right eye while trying to record the conflict between protesters and policemen behind a kiosk.
- Despite the care and efforts of the medical team that served him at the time in Santa Casa de Misericordia.
- The photographer was completely blind in the affected area.
Since then, the professional has been fighting in court for compensation from the State for the physical damages he has suffered, having invested in his first person the application for R$ 1. 2 million plus a monthly pension valued at R $ 2. 3 thousand with the justified endorsement of $316 R. At that time, Judge Olavo Zampol blamed the photographer exclusively, noting that when the press covers the news of risky situations, she knows that she must take precautions, precisely so as not to be affected in any way. between the protesters and the police, by remaining in line of sight, to photograph, he put himself in danger, thus assuming the possible consequences of what might happen.
In his appeal against the original decision of the Court of Appeals of Sao Paulo, Sérgio had his lawsuit analyzed by judges Reboucaas Carvalho, Décio Notarangeli and Oswaldo Luiz Palu, and the conclusion unanimously was that there was insufficient evidence to clearly blame the photographer for a policeman present at the demonstration. As Reboucaas described, “it is not enough to prove the damage, as it is essential for the conviction to provide clear evidence that the public official caused the above damage, which in this case did not occur.
Although the two possible examples were used unsuccessfully, Sérgio Silva promises that he will not give up the search for his rights even outside Brazil: “What you hear in a decision like that of the Court is that you have no proof that it was a rubber bullet that blinded me, who was the state agent who fired?and the question remains: who drives a gun with a rubber bullet, who propelled the wave of violence that night, which people were injured?