The São Paulo court sentenced comedians Dani Calabresa and Bento Ribeiro to pay R $ 15,000 to social columnist Marcelo Bandeira.
The case is ten years old and was opened when Dani and Bento were hosts of “Furo MTV”. In 2011 they made homophobic comments on a gaffe committed by the presenter Claudete Troiano, from the program “Manhã Gazeta”, on TV Gazeta. Bandeira participated in part of the program and was called by comedians “the fag who works with her” and “homosexual helper”.
Claiming that he was humiliated and ridiculed, the columnist filed a lawsuit against the comedians and the broadcaster seeking compensation for moral damages of R $ 272,500.
The amount obtained was very low, despite the fact that judge Daniela de Paula considered the crime a serious crime.
“Obviously, the treatment reserved for the author [do processo] it’s offensive. Terms such as “fagot” reveal an aversion to gay people’s sexual orientation, “she said in the sentence.
In his defense, Dani Calabresa told the court that, at the time of the events, “television content, particularly humor, involving the issue of sexual orientation was common and accepted in our society.”
“Fagot was a totally accepted expression at the time,” he said, according to a poll by columnist Rogério Gentili.
The time was not in the not too distant early 20th century, but now in 2011.
The comedian’s defense also praised the offensive style of humor. “We must keep in mind that humor, in addition to being characterized by relaxation, uses exaggeration, hyperbole, the obvious, the absurd as tools”.
And he also complained about the censorship! “The disapproval of its content is reserved for those who listen to it, and it is not up to the Judiciary to make a value judgment to sanction the artist, under penalty of censorship”.
Bento, on the other hand, told the Justice that he had no interference with the contents of the program, simply acting as a presenter of what the writers came up with, and he also cited freedom of expression.
Abril, owner of the former MTV Brasil, said that “there was no personal attack with the aim of offending the editorialist”, only “a satirical approach developed from the personal and public characteristics of the protagonists” of the Gazeta program. In other words, a joke with the “fag”.
“If there is a satirical TV show, nothing is expected of it other than satire, and this style of humor cannot be interpreted as an offense at the mere isolated use of popular jargon,” the company added. So, they might also say “fag”, “filhodap …” and other things that wouldn’t be offensive, in that understanding.
Judge Daniela de Paula did not accept the argument.
“Although the defendants claim that the statements were joking and not intended to offend, the comments directed at the author constituted a notorious ridicule of his identity. Historically marginalized homoaffectivity must be protected from degrading behavior.”
In addition to the comedians, the broadcaster was also ordered to pay the compensation amount together.
They can still appeal the decision, but if anyone does appeal, it’s the offended party, as the compensation amount is much less than expected. From the point of view of public relations, the best thing now for the inmates is to pay the “mereca” and keep quiet, because any demonstration of defense only increases the offense and worsens the public image of those involved.
Source: Terra
Camila Luna is a writer at Gossipify, where she covers the latest movies and television series. With a passion for all things entertainment, Camila brings her unique perspective to her writing and offers readers an inside look at the industry. Camila is a graduate from the University of California, Los Angeles (UCLA) with a degree in English and is also a avid movie watcher.
