The former first lady used the actress’s image without permission in a social media post about winning women’s suffrage; the defense says she will appeal
The special civil court of Lagoa, in Rio de Janeiro, sentenced former first lady Michelle Bolsonaro (PL) to pay R$30,000 in compensation in a lawsuit brought by director and screenwriter Janaina Diniz Guerra, due to the use inappropriate image of his mother, Leila Diniz.
A publication by Michelle, from February 2023, celebrated the achievement of women’s suffrage using the image of Leila Diniz and other actresses at a protest in 1968, during the military dictatorship. According to the documents, Michelle’s face appears in a montage with the photograph, which in addition to Leila, shows the actresses Eva Todor, Tônia Carrero, Eva Wilma, Odete Lara and Norma Bengell holding hands. The post is no longer available on PL Mulher’s Instagram account.
The original photo was taken during a march of artists at the Aterro do Flamengo, in Rio de Janeiro, against the cuts and bans on theatrical performances implemented by the dictatorship, in an act that became known as the “Peace of the Hundred Thousand”. The compensation action seeks R$52,800, the maximum limit set by the special civil court, for what it considers to be a violation of his mother’s right to image and honor, the removal from office and the retraction of PL Mulher.
Michelle was also sentenced to remove, within 48 hours, the photo from her social networks, under penalty of a daily fine of R$ 1,000, in addition to promptly retracting herself with “the publication on all her networks of videos in which she explains that Leila Diniz did not support military dictatorship and that the photograph used in the infringing content was, in fact, taken in a context of opposition to the regime and censorship.”
In Estadão, lawyer Marcelo Luiz Avila de Bessa, who represents the former first lady, informed that he will appeal the decision.
Previously, the court unsuccessfully attempted to subpoena former first lady Michelle Bolsonaro. Issued on January 15, her subpoena was returned to her ten days later, last Thursday 25, because it was not possible to find the woman to receive her document in one of her addresses, in Brasilia. According to information on the TJ-DFT electronic court process consultation website, the warrant was returned on the 25th without being delivered to the recipient.
Source: Terra
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