A decision by Portugal’s Supreme Court has sparked a lot of conversation on the internet. In the city of Guimarães, a robbery victim was ordered to pay the attacker about 30,000 euros, about R$163,000, in compensation.
According to the decision, commented on by O Globo, the court understood the case as an “excessive selfdefense” situation because the ratio between the damage caused by the attacker was less than the physical damage he suffered when he was run over by the property’s owner .
The 19yearold suffered fractures to both legs and his right ankle, as well as head injuries. By intercepting the attacker, the property owner prevented the loss of two silver coins totaling 680 euros, approximately R$3,700.
See an excerpt of the decision
The case was reported in 2019 when the property owner was informed by his wife that another man was staying at their home.
Faced with the alarm, he found the hooded attacker and prompted the man to start his escape. The owner of the property recovered from the operation and could not move normally. He used his vehicle to pursue the attacker, who was found and run over.
The attacker was then taken to the hospital, where he remained immobilized for 90 days to recover from the damage sustained in the hitandrun.
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The Portuguese Supreme Court decision stated that “a mere state of tension inherent in someone who has caught an intruder robbing their home and is pursuing him to prevent his escape is not a degree of disruption and still less fear that justifies behavior in which the defender is unaware of the apparent disproportion of the value of the subtracted goods compared to the interests protected, the state of tension demonstrated not being sufficient to legitimize the excessive defensive action”.
Nevertheless, the perpetrator was convicted of grand theft.