The case, recorded on video (look above), occurred on May 7, and the sentence was released this Monday (30). In the recording made by public servant Patrícia Nogueira – the woman approached – it is possible to see that a man walks by without a shirt and is not alerted by security, unlike what happens with Patrícia.
Judge Maria Rita Teizen Marques de Oliveira said that there is no “doubt that the author was discriminated against because she was a woman in a public park”.
“[…] In view of the principle of human dignity, with such conduct, the defendant company ‘classified’ the plaintiff as a person of lower category only because she is a woman, thus giving her a differentiated and inadequate treatment,” she said the magistrate.
At the time, Patrícia also said that she “felt embarrassed” when she was approached on the spot (recall the case below). In July, Pontão denied that there was machismo and did not want to recant with his wife. This time, the company said it was not notified of the decision.
According to the magistrate, there is nothing to justify the different treatment between Patricia and the other regular, “which was also naked on top, but it was the man“. The decision provides that the indemnity, of BRL 3 thousand, must be paid within 15 days and imposed a 10% increase in the debt amount in case of non-compliance with the measure.
“There is, therefore, a flagrant violation of the constitutional principles of freedom and equality,” said the judge.
The magistrate also said that Brazil is a tropical country and questioned the reason for not being able to wear a bikini when the weather permits.
“And even if the author wanted to take a bath in the lake, what harm is there? Lake Paranoá is public, as well as its entire margin. Even if the company is defendant in the exploitation of the site for having received a concession of use right on the part of the State, this does not change”, he reinforced.
Pontão is an area granted by the Federal District Government (GDF), through a Public Private Partnership (PPP). The establishment’s bylaws, available on the internet, have no rules that prohibit the costume worn by Patricia.
Indemnity will be donated
To G1, Patricia told that the compensation money, R$3,000, will be donated to an institution that welcomes women in situations of domestic violence, through the purchase of food baskets. “It was a situation that cannot be admitted,” he said.
According to the server, the sentence was “impeccable” and portrays the way women are treated and how this fact needs to be changed in society.
“No, I don’t feel and I will never be inferior. Every time I feel violated, I will seek Justice. Now, I believe in her”, she commented.
In relation to the company, Patrícia says that the amount that will be paid is “little”, but that the damage to the image was “heavier” than the sentence. “I was available for an apology. I proposed an agreement, which was rejected. But, fortunately, she was surprised by this decision,” she said.
Security reprimands a woman who walked in a bikini at Pontão do Lago Sul, in the Federal District — Photo: Personal archive
Patricia was riding her bicycle wearing shorts and a bikini top when the security asked her to wear the shirt. The server then began filming the approach. Just then, a shirtless man passed by. In the video, she questioned the guard if he would not approach the other regular.
“I can’t wear shorts and a bikini top, but a shirtless man can, is that it?”, asked Patricia.
In response, the security guard said that “a woman in a bikini can’t” but that a man without a shirt “is okay” as long as he doesn’t have a bathing suit.
“I was in shorts, t-shirt [na mão], sneakers. Underneath the shirt, the bikini top. When a security guard approached me very politely and asked me to wear the shirt because it is not allowed to walk around in bathing suits,” said the woman in an interview at the time.
After the case was revealed, the administration of Pontão do Lago Sul said that it “does not condone this situation and rejects any type of discrimination”.
Read more news about the region at the G1 DF.