Influencer convicted after 6 years for racist crimes against Gagliasso and Giovanna’s daughter

After six years the Rio de Janeiro court convicted the influencer McCarthy Day for moral damages against Titidaughter of Bruno Gagliasso AND Giovanna Ewbank. Dayane will have to pay R$ 180,000 to her family for having made racist insults against the little girl who was just 4 years old at the time.

In 2017, the influencer declared on social media that the little girl was a “monkey”, who had “horrible hair, with a straw beak” and a “black nose”. Titi’s parents sued the court which, on Tuesday 6, sentenced Day to pay compensation which, according to the defense of Bruno and Giovanna, should exceed R $ 500,000, since she will suffer a monetary correction.

Judge Leonardo Grandmasson Ferreira Chaves, of the 32nd Civil Court of Rio de Janeiro, concluded, in the trial, that the Estadao had access, that the influencer’s statements “have racist content”. He described them as “a deliberate, cruel and cowardly offense against a defenseless child, aimed at attacking him and his parents”.

At the time, Day was not located by the courts, she was summoned by notice and did not enter a defense. Estadão contacted the defense of both parties. Dayane’s lawyer, Gil Ortuzal, said the influencer will appeal and that he recognizes that “such sentences should never have been uttered against anyone”. See his full defense note:

“As the lawyer of Ms. Dayane Alcantara Couto de Andrade, known as Day McCarthy, I inform you that I have today assumed her technical defense in civil matters [quarta-feira, 7], as defended by special guardianship, being decreed in absentia, as he resides abroad. Over time, Day McCarthy makes it clear that, after six years, he understands that such phrases attributed to her should never have been uttered against anyone, especially when it comes to a child. He offers his sincere apologies to the victim and his family and the guarantee that this mistake will never be repeated. The numerous videos and publications circulating on the Internet with false statements and insults to justice in relation to the case and the sentence, are not her authors and she will only comment through her lawyer.”

The lawyer of Titi’s family, Alexandre Celano, guarantees that “he will continue the fight for the criminal conviction for the crime of racism, which is without bail and imprescriptible, the penalty for which can reach 5 years in prison”. See the full statement from the defense of Bruno Gagliasso and Giovanna Ewbank:

“We received with great satisfaction the news that the Court of the 32nd Civil Court of the Capital of Rio de Janeiro has fully judged the requests made by the Gagliasso family against the digital influencer and socialite Day Macarthy – after more than six years from the beginning of the Compensation proceedings – In the surgical and delicate sentence of the magistrate Leonardo Grandmasson Ferreira Chaves Nothing will be able to erase the signs of the racist atrocities committed by the accused, since the documentation of the facts will continue to be available in the virtual environment, which is public. On the other hand, there is encouragement that the sentence for compensation for the moral damages suffered, whose updated value exceeds the figure of half a million reais, which seems to me to be the largest sum ever awarded in the country against a racist, will have an effect wide-ranging pedagogical on society, extremely topical, since every day we see the black population suffer the consequences of racism, unfortunately still rooted in many. The struggle seemed eternal and that is why we use the cliché that justice takes time, but never fails. On many occasions I have been inspired by the words of Nelson Mandela, which I wish to share with gratitude for the trust placed in my work by the Gagliasso family: ‘No one is born hating another person for the color of their skin, for their origin or even their their religion. To hate, people need to learn, and if they can learn to hate, you can teach them to love.'” Alexandre Celano – lawyer

Source: Terra