Entities sue Justice for Nikolas to pay BRL 5 million – 05/15/2023 – Mônica Bergamo

Entities sue Justice for Nikolas to pay BRL 5 million – 05/15/2023 – Mônica Bergamo

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Organizations linked to the LGBTQIA+ cause presented to the 12th Civil Court of the Court of Justice of the Federal District and Territories, this Monday (15), a public civil action in which they ask that federal deputy Nikolas Ferreira (PL-MG) be sentenced to pay R$ 5 million for collective moral damages.

The initiative is motivated by a transphobic speech made by the parliamentarian on the tribune of the Chamber of Deputies. On March 8 of this year, on the occasion of Women’s Day, Nikolas put a blonde wig on his head and mocked the existence of transsexuals. “Today I feel like a woman. Deputy Nicole,” he said. He even suggested that women would be “losing space for men who feel like women”.

For the National Alliance LGBTI+ and the Brazilian Association of Homotransfective Families (Abrafh), authors of the action, the PL deputy incurred in transphobia and in “extremely criminal, prejudiced and discriminatory” acts, which allegedly sought to attack and spread hatred against the LGBTQIA+ population .

The authors evoke the decision of the STF (Federal Supreme Court) that equated the crimes of transphobia and homophobia with racism and claim that, although freedom of expression is a constitutional right, it is not absolute and should not override other guarantees.

“The Brazilian population should not be allowed to be exposed to criminally transphobic speeches uttered in the highest sphere of the country’s Legislative Power, through a serious violation of fundamental values ​​historically conquered, exclusively so that the parliamentarian, the usual hater, gains more followers and likes on social networks”, say the entities.

“Regardless of the criminal and ethical responsibility to be investigated in the competent spheres, it is necessary to handle the present action to request compensation for collective moral damage and social damage inflicted on the LGBTQIA+ community and Brazilian society in general”, they also say.

Represented by the firm Araujo Recchia Santos and by the lawyer Amanda Souto Baliza, the National LGBTI+ Alliance and Abrafh move the action in the same week that the International Day to Combat LGBTphobia is celebrated.

The entities say they understand that the compensation of BRL 5 million would be “a fair value” given the fact that the LGBTQIA+ population in the country is made up of about 9.3% of Brazilians, according to a Datafolha survey, and that the amount would meet about a quarter of those offended.

The value, they explain, would be reverted to the structuring of citizenship centers or to entities for hosting and promoting the rights of those affected, in addition to projects that benefit the segment.

In court, the organizations still claim that Nikolas Ferreira has his social networks suspended or is ordered to remove all posts related to the speech made on March 8, since the content would be used to promote his image and to attract followers. .

“What is sought, therefore, is the repair of the damage caused to the honor and image of the offended group, in parallel with the punishment of the person who caused the damage, which lasts over time due to the impacts of the ideas exposed in the minds of those who became aware of the transphobic speeches”, says the lawsuit.

Sought by the column, deputy Nikolas Ferreira did not respond until the publication of this text.

In addition to the public civil action, the parliamentarian is the target of a criminal notice sent to the STF by deputy Erika Hilton (PSOL-SP). A statement from the Attorney General’s Office (PGR) on the case is still awaited.

Hilton asks Bolsonarista to have his social media profiles suspended to prevent the spread of alleged false news against trans people. And she requests that Nikolas be included in the fake news inquiry for inducing Brazilians “to an untrue narrative about the population of trans and transvestite women”.


REGENCY

Presenter Didi Wagner attended the “Concert Israel 75 years – Yom Haatzmaut” at the Hebraica club, in São Paulo, last week. The president of the Bandeirantes group, Johnny Saad, and the municipal secretary of Urban Security of São Paulo, Elza Paulina de Souza, stopped by.

with BIANKA VIEIRA, KARINA MATIAS It is MANOELLA SMITH


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