Geography student, Filipe Varea Leme, 21, was found dead last year in a building at Poli (Escola Politécnica da USP). An employee at USP (University of São Paulo) took the blame for the boy’s death.
Filipe and another colleague were working as computer monitors at Poli when they were instructed by the supervisor to leave their duties to help a teacher to change a room cupboard, although the institution has a maintenance team.
According to UOL, the student’s body was found at 3:40 pm that day, inside an elevator for the disabled, cornered by the bookcase, which, when moving with the elevator, crushed his neck.
The prosecutor in the case, Amaitê Iara Giriboni de Mello, analyzed evidence and confirmed that the supervisor’s “negligence” resulted in manslaughter, without the intention of killing.
Amaitê proposed the signing of a Penal Non-Persecution Agreement, in force since last year, after the approval of the “anti-crime package” (Law No. 13.964 / 2019). In this new rule, the Public Prosecutor’s Office may propose that the investigated person confess the crime in exchange for not having his case brought to justice. Filipe’s supervisor accepted the proposal and admitted his responsibility. On October 2, Judge Aparecida Angélica Correia ratified the agreement.
In an interview with UOL, Filipe’s mother claimed that she has no life after the student’s death. “My life? I have no more life. Sadness is a poison that I take every day when I wake up and remember that I will not listen, see, smile and talk to him. He was all my joy and wealth, his love and care made me proud to have given birth to such a special person, my angel Filipe ”, she said.
Ester Varea Leme, 64, still claimed that she felt very disappointed with the way the family was treated by USP. “It has been a year and a half since the fact and, until today, no one from Poli or USP’s rectory has even sent us a letter of condolence,” he said.
In a statement, the university said it published a text of condolence on its website and that it offered psychological support to the family.
The family’s lawyer, Euro Bento Maciel Filho, celebrated the victory over USP in court. “As much as USP tried to blame Filipe for the accident, we managed to appoint a person responsible and that there was indeed a crime. These were the biggest challenges from the beginning, ”he said.
After the employee’s confession, the family lawyers seek compensation for moral damages. Rogério Licastro de Mello, who represents the family in the civil lawsuit, estimates an action of R $ 1 million – R $ 500 thousand for each parent.
“In the civil lawsuit, USP claims that the death resulted from a risk taken by Filipe. The employee would have only asked, but the boy who decided to carry a cupboard in his arms and use the elevator was responsible for his own death, ”says Rogério. “With confession, this university thesis goes down the drain,” added the lawyer.