Audiência Cível 2 - Processo: 0819314-32.2013.8.12.0001

Summary

This transcript captures a courtroom testimony regarding the circumstances surrounding the death of José Alves de Souza. Several witnesses, including Amélia Cotrin, provide insights into the late José's life, his work as a rural laborer, and the accident leading to his death. The testimonies reveal that José was an employee of Romeu Domingues Fernandes, working with cattle on a farm. The witnesses describe José’s lifestyle, the nature of his work, and conflicting accounts of whether his fatal accident was work-related. Legal professionals also raise questions about the nature of his work and his supposed resting periods on the farm.

Takeaways

• 😀 The witness, identified as 'Marx', confirms that José Alves de Souza and Amélia Cotrin lived together as husband and wife for a long time before his death in 2008.
• 😀 José Alves de Souza worked on a farm, primarily handling cattle, and used a horse for various tasks like moving around the property.
• 😀 José passed away in a work-related accident on the farm involving a horse, but the exact circumstances remain unclear, with witnesses only hearing about it after the fact.
• 😀 The accident is said to have occurred on a Saturday, and it was speculated to happen when José was trying to help his nephews, though the cause of his fall from the horse is uncertain.
• 😀 The witness, Marx, never directly saw José riding the horse on weekends, as he usually didn't visit the farm on those days.
• 😀 The second witness, Romeu Domingues Fernandes, confirms that José was employed as a general worker and performed multiple duties on the farm.
• 😀 Fernandes clarifies that José worked with cattle handling, which included tasks like putting mineral salt in feeding troughs, but did not use vehicles like carts or motorcycles.
• 😀 There was no formal written employment contract between Fernandes and José, and José was paid monthly as a farm laborer.
• 😀 José’s typical day of rest was Saturday until noon and the entire day on Sunday, though Fernandes did not enforce this strictly.
• 😀 Following José's death, Fernandes paid for the funeral and clarified that José’s death was not considered a work accident from his perspective, since it happened off the farm during a personal errand.

Q & A

Who is the first witness testifying in the transcript?

The first witness is named MG, and he is being asked about his knowledge of the deceased, José Alves de Souza, and his relationship with Dona Amélia.

What was José Alves de Souza's relationship with Dona Amélia?

José Alves de Souza and Dona Amélia were husband and wife, living together in a rural location at the time of his death.

How did José Alves de Souza die?

He died after falling from a horse while working on a farm. The horse reportedly jumped and became entangled in a rope, leading to his fatal accident.

Was the death considered a work-related accident?

The first witness could not definitively confirm it as a work-related accident, but he heard from others that it occurred while José was working at the farm.

Where did José Alves de Souza live, and what was his role on the farm?

José lived on the farm, where he worked as a general laborer involved in cattle handling and other tasks. He used a horse to help with his work.

Did Dona Amélia live with José Alves de Souza at the farm?

Yes, Dona Amélia lived with José Alves de Souza at the farm, though she also had a residence in the nearby city.

Was there any other person identified as José Alves de Souza's companion at the time of his death?

No, according to the testimony, no other person appeared as his companion at the funeral except Dona Amélia.

What was the cause of death listed on the death certificate?

The death certificate listed the cause of death as a spinal cord injury caused by a traumatic fall from a horse.

Did José Alves de Souza work on weekends?

While José did not typically work on weekends, he occasionally handled farm duties on Saturdays until noon, as agreed with his employer.

What was the relationship between the employer (witness) and José Alves de Souza?

The employer (witness) was José Alves de Souza's boss and described him as a hardworking and loyal employee. The employer also confirmed that he had paid for José’s funeral costs.