Italy Maria Zimardi District Judge Pope Bertozzi of the 24th Federal Court of Rio de Janeiro sentenced federal deputy Chris Tonieto (PL-RJ) to pay collective moral damages of R$ 50,000 for a discriminatory post “which referred to the practice of crime and child abuse. to the homosexual population.” The parliamentarian has yet to exclude discriminatory content and issue a disclaimer, which must remain on air for at least a year.
“Therefore, in this case, it is appropriate to hold the defendant accountable, because the expressed manifestation, as determined in the context of the case, represents moral outrage against the LGBTI+ community, behavior that, although intolerant towards this minority, has made Political pluralism the basis of the republic and opposed to ” to promote the welfare of all without distinction of origin, race, sex, colour, age or other forms of discrimination’. sentence notes.
The arbitration proceeds will be allocated as compensation to the structure of the LGBTQIA+ Citizenship Centers, which are managed by the government. The judge held that the measure was appropriate because it “punishes the offender, prohibits the said illegal practice and, in addition, offers indirect compensation to society through the social distribution of the profits from the illegal practice.”
The decision was made public on the 12th and was released by the Federal Public Ministry (MPF) on Friday (15th). The deputy was given in February 2021 within the framework of the civil case initiated by the prosecutor’s office, according to the deputy’s 12.06.2020.
Attorneys for the Republic Ana Padilha, Sergio Suyama, and Julio Araujo, the authors of the public civil lawsuit, claim that the post is not only discriminatory, but has ended up “inciting violence” against the LGBTQIA+ population, “characterizing hate speech and contempt for legitimacy. system”, legal system and democratic institutions”.
Analyzing the case, Judge Italia held that by associating the practice of child abuse with the LGBTQIA+ movement, Chris Tonietto “certainly overstepped the broad limits of constitutionally permitted exercise of free speech.”
“The LGBTI+ movement cannot be cited not without basis, at least under the penalty of establishing dignity, which is legally qualified as an illegal act and therefore subject to retribution, the increase in the number of cases of child abuse when it is done. there is a genuine display of hatred, contempt or intolerance towards certain groups motivated by gender prejudice,’ he opined.
Before filing the case, the Regional Prosecutor’s Office for Citizens’ Rights advised the deputy to submit “scientific studies on which the dissemination of the conclusions of his position is based”, and if not, to state that the deputy should renounce the published false information. on Facebook with the same emphasis as the original post.
According to the MPF, Chris Tonieto “refused to accept the assignment, limiting himself to informing that he enjoyed parliamentary immunity and that the assignment involved an act of censorship, further insisting that his opinion would be based on common sense and reality.” .
The claim of parliamentary immunity was also presented to the justice, but was rejected by the judge of the 24th Federal Court of Rio. “It is not possible, therefore, to extend immunity to the extent that it protects any and all manifestations of a citizen who, using an elective mandate, expresses offensive opinions against individuals and/or groups without justification. connection with the performed position”.
“We live in an era of complete reversal of justice in the hands of an ideological patrol whose main goal is to criminalize not only opinions, but also the values of the majority of the nation.” MP on Twitter.