Homophobia: Fakhoury loses action in which he contested criticism – 03/02/2023 – Mônica Bergamo

The São Paulo Court of Justice (TJ-SP) denied an appeal filed by Bolsonarist businessman Otávio Fakhoury in a lawsuit he filed against Rio Grande do Sul federal deputy Fernanda Melchionna (PSOL) for slander and insult.

The parliamentarian stated that Fakhoury was homophobic when he made a derogatory comment about Senator Fabiano Contarato (PT-ES). The case occurred in 2021. At the time, the businessman was investigated for allegedly financing fake news about the new coronavirus pandemic and was summoned to testify at the Covid CPI.

“The delegate, an openly homosexual, was perhaps thinking about the perfume of someone there in that plenary. Who would be the ‘perfumed’ that captivated him”, wrote Fakhoury about the parliamentarian, who participated in the commission.

Deputy Fernanda Melchionna came out in defense of Contarato and criticized the businessman: “Homophobia is not a joke, it’s a crime”, she said on social networks.

The publication led Fakhoury to sue her and ask for compensation of BRL 40,000. He had already lost the process in the first instance and had an appeal denied on Tuesday (28). The decision, taken in the second instance, was unanimous among the three judges who judged the case.

Rapporteur João Pazine Neto stated that the businessman “referred to a certain senator of the [Fabiano Contarato] in a jocular way” because of his sexual orientation.

Therefore, continued the magistrate, “it does not seem reasonable to understand that his honor was injured when, due to the publication published by the defendant [Fernanda Melchionna]he is warned that ‘homophobia is not a joke, it is a crime'”.

“Because he is a public person, and prone to controversy, he must be used to the clashes inherent in political issues, which unfortunately sometimes lead to other spheres, which are beyond the interests of the population, but which are not enough to offend the honor of that that participates in the political game, to the point of characterizing indemnifiable moral damage”, says the decision.

After Fakhouy’s comment on social media, Contarato confronted the businessman directly at the Covid CPI.

Right at the beginning of the session, the parliamentarian occupied the CPI presidency chair, alongside the businessman, who was the deponent, and said that “money does not buy dignity, it does not buy character”.

Contarato stated that Fakhoury’s family is no better than his own, made up of him, his husband and two children, Gabriel and Mariana.

The businessman then backed down, said it was a joke, apologized and recanted.

“Senator, really, my comment was unfortunate, it was meant as a joke. However, it is a joke in bad taste. I respect your family, as I respect mine,” he said. “I declare that my comment was not intended to offend you. I know that if you were offended, you were deeply offended. I apologize. I withdraw from that comment.”

_{with BIANKA VIEIRA, KARINA MATIAS It is MANOELLA SMITH}

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