The Brazilian government has been ordered to pay a family over GBP 30,000 in compensation after a three-year-old child was hit in the head by a stray bullet from a nearby police operation while sleeping in his bed.

The family’s claim had originally been thrown out after a court had ruled that it could not be proven that the stray bullet had been fired by a police officer during the operation, which took place in 2014.

Luiz Felipe Rangel Bento, 3, was killed by the bullet in Costa Barros, in the North Zone of Rio de Janeiro, in Brazil, while he was asleep in his bed with his mother, who has been named as Jurema Rangel Bento.

Luiz was reportedly hit by a bullet fired from a rifle during a confrontation between criminals and Military Police from the 41st Battalion in the neighbourhood, which is reportedly known for its high number of shootings and gun violence.

The Brazilian government has now been ordered to pay over BRL 200,000 (over GBP 30,000) in compensation to his heartbroken family in what local media has described as a landmark ruling.

The exact final compensation amount has yet to be decided, according to local media but it will be over BRL 200,000.

The decision by the Brazilian Federal Supreme Court was announced on Tuesday, 28th March.

Explaining its decision, the court said that the state may be compelled to pay compensation for moral and material damages for the death of the victim, even in cases where expertise is inconclusive, as was the case here.

The family had taken the case to court after the Court of Justice of Rio had denied them compensation, claiming that the state was not responsible as it could not be proven that the stray bullet had been fired by a police officer.

But the panel set up to rule on the matter, made up of five of the 11 Brazilian Supreme Court’s judges, ruled in favour of the family by four votes to one.

Brazilian Justice of the Supreme Federal Court, Gilmar Mendes said that police operations in Rio de Janeiro, where violence is infamously rife, are “disproportionately lethal” and that “this child was sleeping with his mother when he was hit.”

Mendes added: “The State injures and kills its citizens daily, especially in poor communities.”

And Andre Mendonca, also a Justice of the Supreme Federal Court, said that in many cases, ballistics reports are not produced, making it difficult for families to file claims.

He also apologised to the family for their loss, saying: “An apology to this family, on behalf of the Brazilian State, and may the recognition of Justice minimise the pain and bring hope and good memories.”

Only one justice on the Supreme Court’s panel disagreed with the decision.

Nunes Marques had argued that the area is known for intense shootings and that the government could not be held responsible.

The government, represented by the State Attorney General’s Office, told local media that it was waiting for the official publication of the ruling to express itself regarding the outcome of the landmark case.