Can he be punished for calling a child a drug dealer?

Leo Picon can be sued after recording and publishing a video of a child in Recife. In the recording, the digital influencer and former participant of “On Vacations with the Ex: Brazil” films a child and comments, inside a car, that he would teach his followers to talk to a drug dealer in the capital of Pernambuco. When posting the video, he still wrote: “traficante de informaciones”.

The report of splash heard human rights experts who considered a number of problems in Picon’s speech. When referring to the child as a “drug dealer”, for example, he can be sued for libel, in addition to subjecting the child to embarrassment and embarrassment. The influencer’s advice was sought, but so far it has not manifested itself. After defending himself, Picon returned to social media and, by Stories, apologized for recording the video.

Under Article 138 of the Penal Code — “slander someone, falsely imputing to him a fact defined as a crime” — the penalty is imprisonment from six months to two years, and a fine.

Attorney and human rights specialist Ariel de Castro Alves, in addition to citing the penal code, states that according to article 232 of the ECA (Child and Adolescent Statute) the influencer “subjected the boy to public shame and embarrassment”.

According to journalist Maria Carolina Trevisan, specialized in human rights coverage and columnist for UOL, there is an evident prejudiced attitude.

It really has to be processed. The prejudice involved in this speech has to do with the territory where he is, a poor territory. A person is walking in his head [Leo Picon] is a drug dealer. What is in Brazil’s collective unconscious is that drug dealers live in poor territoryMaria Carolina Trevisan.

Other articles provided for in the ECA were violated, according to Ariel. Article 17 says that “the right to respect consists in the inviolability of the physical, psychological and moral integrity of the child and adolescent, including the preservation of the image, identity, autonomy, values, ideas and beliefs, spaces and personal objects “.

boy face exposure

In the recording, Leo Picon identifies the boy’s face — even though he is wearing a mask. “He exposed the image of the child in inhumane, embarrassing and vexatious conditions. He needs to respond to the process in Recife’s childhood and youth court for violations of the ECA”, declares the lawyer.

And it can respond to the process of moral and material damages to indemnify the boy for human rights violations resulting from his criminal and unlawful acts Ariel de Castro Alves.

Picon may still have violated article 227 of the Federal Constitution, which says:

“It is the duty of the family, society and the State to ensure children, adolescents and young people, with absolute priority, the right to life, health, food, education, leisure, professionalization, culture, dignity , to respect, freedom and family and community coexistence, in addition to keeping them safe from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression”.

Leo Picon defends himself from controversy in videos on Stories;  after the negative repercussion, he apologized.  - Instagram/@leopicon - Instagram/@leopicon

Leo Picon defends himself from controversy in videos on Stories; after the negative repercussion, he apologized.

Image: Instagram/@leopicon

Other possible crimes

Leo Picon can still be investigated for crime of racial discrimination, since the boy exposed in the video is brown and possibly northeastern.

“He’s a boy from the Northeast, he has another superimposed prejudice. In relation to the rights of children and adolescents, it is a violation to criminalize a child because he is poor. In addition, does he identify the child, expose him to a vexatious attitude, criminalize? it cannot be considered a joke,” says Trevisan.

violation of human rights

Some people want to show up at any cost, even violating other people’s rights. But the right to freedom of expression and communication cannot violate human rights, especially of children and adolescents, who, according to the Federal Constitution and the Statute of Children and Adolescents, must receive full protection — Ariel de Castro Alves.

The lawyer also assesses that “social networks have become spaces for the dissemination of hatred, discrimination and other human rights violations.”

A possible lawsuit can be proposed by representation of the guardianship council of Recife or by the prosecution, based on press reports. If the court decides, the video must be taken off the air.

why is it not a joke

After the negative repercussion of the video on social media, and receiving a flood of criticism, Leo Picon recorded a new video defending himself. He stated that the excerpt of the recording was taken out of context, in addition to justifying his attitude as “a joke”.

“It was a game in which, obviously, when you take it, fragment it and put it out of context, it’s easy. It’s a dish made for anyone who wants to attack me, for anyone who wants to discredit me, for anyone who wants to create a narrative that plays against me”, said the former participant of “On Vacation”.

Attorney Ariel de Castro Alves criticizes the digital influencer’s explanations: “He saying it was a joke doesn’t alleviate the configuration of crimes and violations at all. It shows that he has not regretted the illicit and criminal acts committed and that he intends to continue making videos of the same like, with this absurd justification.”

Even if for him it was a game, for the child victim it was not a game, as she was exposed and stigmatized as a drug dealer. If it was a joke, a humorous video, he would have to have prior authorization from the child and her parents to act with him in the filming.Ariel de Castro Alves.