Pro-abortion activist suffers third defeat in court against student

The court denied for the third time the removal of a video by an 18-year-old Catholic influencer, who questioned data presented by pro-abortion activist Debora Diniz. The decision was handed down last Friday (22) by the 5th Panel of the Court of Justice of the Federal District and Territories (TJDFT) in favor of student Giovanna Panichi.

“In theory, this is already the third defeat faced by the anthropologist because she requested an injunction in the first instance to remove the video, and the judge denied it, then appealed, and the injunction for this appeal was also judged unfounded”, informs the student’s defense, satisfied with the decision in favor of freedom of expression. “Giovanna did not commit any offense in the recorded video, and the 5th Panel understood that,” she stated.

In her vote, judge Maria Ivatônia Barbosa dos Santos, rapporteur of the case, points out that, although the content has a “harsh and provocative nature, it does not, in principle, extract a marked violation of the subjective rights of the appellant, in order to justify the removal of the publication”, he wrote in the decision.

The aforementioned video was published on Instagram on September 13, 2023 and questioned information cited by activist Débora Diniz the previous day. On that occasion, the researcher took advantage of the vote on ADPF 442, which could legalize abortion in Brazil, to open up space for questions and answers on her profile.

The data she presented in her responses, however, was contested by the influencer, who also pointed out the relationship between Anis, the Institute of Bioethics, Human Rights and Gender – founded by the doctor in Anthropology – with foreign NGOs in favor of the decriminalization of abortion.

Debora Diniz sued the student and requested compensation of R$50,000

The teacher did not like the publication made by the student and requested the 2nd Civil Court of Brasília to immediately remove the content, in addition to retraction and compensation for moral damages in the amount of R$ 50 thousand. Her claim was that the post would be “offensive and untrue”.

The request, however, was rejected by judge Carlos Eduardo Batista dos Santos on the grounds that “the expression of intellectual, artistic, scientific and communication activity is free, regardless of censorship or license”.

After the denial, Débora Diniz filed an urgent appeal with the TJDFT, stating that, “by questioning her professional ethics”, they also “attacked her dignity, honorability, decorum and reputation”. Rapporteur Maria Ivatônia rejected the urgent request on November 8, 2023 and requested that Giovana’s defense be heard.

What the student’s defense says

Giovanna then claimed to have only asked “questions, without pointing out specific facts or people” and that there was “no type of illegality in the act carried out.”

Furthermore, she explained that the researcher’s funders are openly mentioned in Debora Diniz’s public CV on the platform Latteswhere it is possible to verify that she received financial support from a foreign foundation during her studies in New York, in 2002, and that the Anis institute receives resources from large international foundations.

“The funding for his scientific career is indisputable and, therefore, truthful, as is his commitment to the decriminalization of abortion in Brazil”, pointed out the defense.

The information was forwarded to the 5th Civil Panel of the Court of Justice of the Federal District and the Territories for a decision by the collegiate body, where the rapporteur once again presented her vote against the censorship of the video and was accompanied by all the judges.

Giovana speaks out on social media

Without directly mentioning the case, Giovanna published a “joke” on her social networks. “Can a feminist who is defeated for the third time in court ask for music at Fantástico?” asked on his profile on X (formerly Twitter)without giving details about the process.

The 18-year-old girl studies Economics at the Sorbonne University, in France, and presents herself on social media as a Catholic influencer and anti-abortion activist.