Feb 11 • 09:00 UTC 🇧🇷 Brazil Folha (PT)

Court orders influencer to pay R$ 20,000 to Kim Kataguiri for moral damages

A São Paulo court ruled that an influencer must pay R$ 20,000 for defaming federal deputy Kim Kataguiri on social media.

The São Paulo Court of Justice has ruled against influencer Thiago dos Reis Pereira Santos, ordering him to pay R$ 20,000 to federal deputy Kim Kataguiri. Santos referred to Kataguiri as a neo-Nazi and used derogatory terms like 'human trash' and 'katabosta' in his social media posts. The ruling was upheld in a second-instance decision, rejecting Santos's appeal that claimed his statements fell under the right to free expression.

The court's decision was made by Judge Fatima Cristina Ruppert Mazzo, who noted that Santos's comments were not merely critical or humorous, but rather offensive and devoid of any constructive context. The judge asserted that Santos's statements crossed the constitutional limits of free expression, infringing upon Kataguiri's rights to honor, dignity, and image. This ruling underscores the legal boundaries of online discourse, particularly regarding public figures.

Santos's inability to locate the case highlights the challenges in enforcing such rulings, especially when defendants may be unreachable or non-compliant. This case serves as a reminder of the ongoing discussions surrounding freedom of speech in Brazil, particularly in the context of social media, where individuals may feel emboldened to express themselves without facing consequences. The implications of this ruling could influence future cases of online defamation and the treatment of personal attacks against public officials.

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