The ruling, dated September 24 and reviewed today, sentenced the defendant for the crime of violating construction rules, aggravated by the result of death, to three years and five months in prison, seven months more than the sentence imposed in the first instance.
This sentence, however, was suspended for four years on the condition that the defendant pays 105,000 euros in compensation to the son of the man who died after being buried in a trench.
The defendant must also complete a 30 to 50-hour training module in workplace safety, hygiene, and health within one year.
The defendant company was also convicted of the same crime, receiving a fine of 500 days at a daily rate of 160 euros, totaling 80,000 euros. Initially, the fine imposed was 54,400 euros.
The Court of Appeal determined that the defendant’s guilt was significant, indicating a “great and persistent disregard for the safety of the employees of the managed company.”
The incident occurred on February 23, 2021, during the redevelopment work of Alameda Alfredo Henriques in Mozelos, Santa Maria da Feira.
The proven facts indicate that the victim was inside a trench approximately 1.70 meters deep when one of the walls collapsed, burying the worker up to the chest and ultimately causing his death.
The court also found that the manager decided not to shore the trenches being dug, despite acknowledging the potential risk this posed to the lives of his workers.
Days before the accident, the safety coordinator had visited the site and, noticing the trench was not shored, ordered the work to be suspended, an order that was not followed by the company’s manager.
