This Thursday, 23, the Court of Justice of the State of Rio de Janeiro (TJ-RJ) judged an appeal made by the defense of the actor and comedian, Gregório Duvivier, in a process where he was sentenced to compensate the businessman Luciano Hang for moral damages. . The court unanimously upheld the conviction established in the first degree.
The comedian will have to pay R$25,000 to the businessman for a publication made on social networks in 2020. In the post, Gregório wrote: “to tisti someone kills the old man from Havan”.
The court decision in favor of Luciano had already been made in 2020, but Gregório filed an appeal claiming that the decision violated the right to freedom of expression. During the trial, the law firm, which represents the businessman, said that the comedian incited violence against Luciano Hang, which undermined his honor and dignity for having been exposed to public contempt.
The decision, upheld unanimously, was taken by three judges. In addition to those who voted in the case, judge Fábio Uchoa Pinto de Miranda Montenegro asked to speak during the session to clarify that Gregorio’s speech that he was being censored by the Judiciary is not true. The magistrate stated that he was allowed to express himself freely. It so happens that he is now being punished for the excess he practiced by publishing a sentence inciting violence.
Luciano Hang, comments on the decision, which it demonstrates that there are limits to freedom of expression, which he defends. “Freedom of speech, yes. Incitement to violence, no!” he claims.
The R$25,000 to be paid by the comedian will be donated to the Association of Parents and Friends of the Exceptional (Apae), as is the case in all cases that the entrepreneur has won.
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