‎Brazil News

Crime of insult  is criminally convicted for calling Dino a fatty

Federal Judge convicted YouTuber of the crime of slander.

From the Editors

 

Tuesday, October 8, 2024

 

Updated at 14:53

 

YouTuber Bruno , better known  , was sentenced to one year and two months in prison for the crime of insult committed against STF minister  Dino , for calling him a "fatty" and a "son of a bitch".

 

The sentence also imposes the obligation to pay compensation of R$50,000.

 

For Federal Judge Maria Isabel do Prado, of the 5th Federal Court of São Paulo, the YouTubers statements constitute a crime of slander.

 

Understand the case

 

Dino, who held the position of Minister of Justice at the time, filed a complaint for slander, defamation and crime against honor after being the target of serious offenses made in videos published on May 17 and June 22, 2023. During a Flow podcast, the YouTuber made the following statements:

 

You are going to be enslaved by a fat guy. This guy won't last a second on the street alone, he can't run 100 meters. Put him in the forest and see if he survives. Are you going to let this guy be your master? Is this what your parents raised you for? Did they sacrifice themselves so you could serve this son of a bitch? 

 

After evaluating the action, the judge dismissed the conviction for defamation, but understood that the statements constitute the crime of insult, with facts proven beyond any reasonable doubt.

 

It is unequivocal that the phrases he uttered were offensive to the dignity and decorum of the victim, as well as that the accused had the specific intent to insult the complainant, in which he went beyond the spirit of mere criticism.

 

According to the judge, the expressions used by  such as perverse, "malicious" and damn authoritarian, were intended to tarnish the ministers honor. "These insults went beyond the limits of criticism, aiming to attack the dignity and self-esteem of the offended party" , highlighted the judge.

 

She also highlighted that the insult becomes even more serious when directed at a public servant, as it compromises not only the honor of the offended party, but society's trust in institutions.

 

In the decision, the judge also stated that the right to criticism "is not used to justify insults and indiscriminate, frivolous, degrading and irresponsible accusations such as those made by the accused in relation to the decorum and dignity of the complainant, both as a public agent and as an individual."

 

The sentence imposed was 1 year, 2 months of detention in a semi-open regime and will be able to respond in freedom.

 

In December 2023, Judge Fausto Martin , of the 3rd Region TRF, suspended the criminal complaint, but the criminal action was restarted in March of this year due to a collegiate decision of the court did not present a formal defense, being represented by the Public Defender's Office, which requested the suspension of the criminal action.

 

Case :  5005932-37.2023.4.03.6181

 

 link: https://www.migalhas.com.br/quentes/416949/monark-e-condenado-criminalmente-por-chamar-flavio-dino-de-gordola