Comedian Rafinha Bastos lost her appeal in the lawsuit filed by Marcius Melhem for moral damages. Melhem will receive BRL 50,000 in compensation from Rafinha as compensation for the jokes with the moral and sexual harassment allegations made against him by Dani Calabresa and other employees of Globo, at the time he was head of the station’s humor department.
The case was judged by the 7th Private Law Section of the TJ-SP (Court of Justice of Sao Paulo) in second instance. In the first ruling, the judge agreed with Melhem’s arguments and a new ruling repeated the ruling, maintaining the same compensation.
The video with the joke that motivated the trial was released in 2020, shortly after Melhem gave an interview defending himself against the accusation of sexual and moral harassment. In one of the excerpts, the comedian put his voice on the image of the former Globo director to mock the moment when Melhem said it “was very painful for me” to hear the complaints. “Painful for you? Hello?” Bastos said in the recording. “I killed 48 people, I killed them several times, it was very painful for me”; “I robbed eight banks, I robbed several times, it was very painful for me”, “I gave the baby crack, and I gave crack several times, it was very painful for me”.
The lawsuit also cites a tweet from Rafinha Bastos in which she orders Melhem to “get the c *!” and she calls him “bad character of the ****!”. The publication has already been canceled by the same author, according to Twitter, who expressed himself when he was notified in court.
“Given the nature of the damage, the economic capacity of the parties, the principles of proportionality and reasonableness, for the offense to the perpetrator with wide disclosure, it is believed that the fixed amount should be maintained”, said Judge Pastorelo Kfouri, rapporteur of the case in the second degree. The vote was followed unanimously.
Marcius Melhem also sued Danilo Gentili, Felipe Castanheri and Marcos Veras for comments he considered offensive on social media. But Gentili won the case for making two-way jokes.
In an interview last year, Melhem justified himself by saying, “I will not sue anyone who criticizes me or who makes fun of me. I sue those who have offended me with great repercussion. There are only four complaints. And many more people have talked about me Millions of people have been led to think that I am a harasser, a harasser, not knowing that there is no legal proceeding against me. Not knowing that no one has publicly accused me of some criminal act. Not knowing that I only went to court because I went first. Criticism is free. Offense, no. I only prosecuted those who slandered me. “
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Source: Terra
Emily Jhon is a product and service reviewer at Gossipify, known for her honest evaluations and thorough analysis. With a background in marketing and consumer research, she offers valuable insights to readers. She has been writing for Gossipify for several years and has a degree in Marketing and Consumer Research from the University of Oxford.
