‎Brazil News

Do You Have A Case?

Contact our attorneys now


TJMG

 
The 11th Civil Chamber of the TJ/MG ordered lawyer Flávia Aparecida Rodrigues to pay R$20,000 in collective moral damages, after the release of a video with prejudiced statements against people from the Northeast.
 
The recording, made shortly after the first round of the 2022 presidential elections, encouraged an economic boycott of the Northeast region so as not to feed those who live on crumbs.
 
In the video, she made statements such as Northeasterners live on crumbs and encouraged resources to be allocated only to the Southeast, South or abroad.
 
The recording generated widespread national repercussions, including expressions of repudiation from entities such as the OAB .
 
The Public Defender's Office of Minas Gerais, author of the public civil action , argued that the speech exceeded the limits of freedom of expression, constituting collective moral damage by affecting the dignity and honor of the northeastern population as a whole.
 
The rapporteur of the case, judge Rui de Almeida Magalhães, highlighted that freedom of expression, although a fundamental right, finds limits in the protection of other rights, such as collective honor and dignity.
 
The speech given by the defendant incited discrimination against people from the Northeast, revealing content with a xenophobic and racist bias, in clear offense to the honor and dignity of an entire community
 
Although the lawyer argued that she took the video down an hour after it was published and that it was widely disseminated by third parties, the court understood that the initial conduct constituted an abuse of rights.
 
The sentence was considered proportional to the gravity of the conduct and the repercussions of the case, also considering the attempt to retract.
 
The value of compensation was set at R$20,000, with monetary correction by the IPCA and interest on arrears by the Selic rate, calculated from the date of the harmful event. 
 
Case :  5051026-74.2022.8.13.0702
See the decision .
 
Reminder: Comments do not represent the opinion of Migalhas; the responsibility lies with the author of the message.
 
Leave your comment
 
 
TO ENTER
RELATED CONTENT
 
Video
Lawyer says that the Northeast lives on crumbs and that she will not travel there
After the first round of elections, the Northeast region was the target of xenophobic attacks on social media. The OAB/MG "vehemently" repudiated prejudice and discrimination against the people of the Northeast.
From the Editors
 
Wednesday, October 5, 2022
 
Updated May 5, 2023 09:55
 
To share
 
This Wednesday, the 5th, a video in which the vice-president of the Women's Commission of the OAB Uberlândia/MG, Flávia Moraes , criticized the Northeast and said that she will no longer feed those who live on crumbs went viral on social media.
 
The video was recorded after the first round of the elections, in which former president Lula received a significant number of votes in the Northeast region. After the vote count, people from the Northeast were the target of many xenophobic attacks on social media.
 
To the sound of O mito chega and wearing green and yellow clothes, the lawyer says that "we are the ones who create jobs, we are the ones who pay taxes" and that she will no longer spend money in the Northeast.
We're not going to do this anymore, we're going to spend it on those who really need it, who really deserve it. We're not going to feed those who live on crumbs anymore. We're going to spend our money in the Southeast, or in the South, or outside of Brazil, which is actually much cheaper. A toast to us who stopped being clowns from today on.
 
Check out the video:
 
Attorney
 
Migalhas contacted the lawyer, who did not wish to comment. She stated that she was " emotionally unable to say anything " and that she had nothing to say.
 
On social media, the lawyer is an advocate of love and energy and collects photos from trips to the Northeast. In one post, she says that love is the essence of our being and the Universe  and that it is love that unites and connects all things and people.
 
"Overflow love... overflow energy, because we are love! NAMASTE."
 
(Image: Reproduction/Instagram/Twitter)
OAB Uberlandia
 
After the repercussion, the OAB Uberlândia issued a note stating that it has a plural and apolitical character and in respect of this, it does not comment on personal statements made by its members.
 
The subsection said that the lawyeRs statements do not reflect the institution's position and that she had submitted a request for leave from her position as vice-president of the Women Lawyers Commission to dedicate herself personally to the matter.
 
 link: https://www.migalhas.com.br/quentes/374787/advogada-diz-que-nordeste-vive-de-migalhas-e-que-nao-viajara-para-la
.

ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

Find Us

Rio de Janeiro

Av. Presidente Wilson, 231 / Salão 902 Parte - Centro
CEP 20030-021 - Rio de Janeiro - RJ

+55 21 3942-1026

São Paulo

Travessa Dona Paula, 13 - Higienópolis
CEP -01239-050 - São Paulo - SP

+ 55 11 3280-2197