The isolationist policy for patients with leprosy, with hospitalization and mandatory isolation, began in the 1920s and lasted until the 80s.
The Federal Supreme Court (STF) has established that the children of people subjected to insulation policy and mandatory hospitalizations because they contracted leprosy up to five years to request compensation by the Brazilian state. The decision, by majority of the votes, was taken in the topic of non -compliance with the fundamental precedent (ADPF) 1060, judged in the virtual session ended on 26/9. The five -year period has been counted since 29/09/2025, the date of publication of the test reports.
Compulsory hospitalization and insulation
The isolationist policy for patients with leprosy, with hospitalization and mandatory isolation, began in the 1920s and lasted until the 80s. Children of segregated people, even babies, were separated from their parents and sent to hospitalization institutes for children or remained with third parties (relatives or adopting).
In the action, the reintegration movement of the people affected by leprosy (Morhan) has argued that, since it is a violation of the principle of family protection, the compensation claims of these people should not be subjected to the five -year prescription period, applicable to the debts of the Union, States and Municipalities.
Predictability
In the conduct of the trial, Minister Dias Toffoli (speaker) declared that although the state recognized the seriousness of the violation of rights and established a special pension for isolated people in a mandatory way and, later, to his children, the need to be foreseeable the decisions of the Court to prevent the removal of the regulation of the prescription for these cases.
In this sense, the rapporteur proposed that the statute of five -year limitations for compensation requests based on the compulsory separation of parents with diagnosis of leprosy begins from the date of publication of the judgment report.
Flávio Dino, Gilmar Mendes, Edson Fachin, Nunes Marques and Minister Cámen Lúcia were partially overcome.
Thesis
The set of judgment thesis was as follows:
“In 5 years, from the publication of the current judgment of this action, the claims of allowances proposed against the union by people of people who are affected by leprosy whose land is the forced removal promoted by the State between them and their parents, without prejudice for the necessary demonstration, in any case, the assumptions of the civil liability of the State, are prescribed in 5 years.
Source: Terra
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