STF suspends decision that condemned scientists – 10/01/2024 – Science
The minister of the STF (Supreme Federal Court) Dias Toffoli suspended last Saturday (28), on a provisional basis, the decision of the São Paulo Court against biologist Ana Bonassa and pharmacist Laura Marise, creators of the channel “Não Vi 1 Cientista”. They had been prosecuted and convicted after denying a video with false information regarding diabetes.
The biologist and pharmacist, with the Vladimir Herzog Institute and Associação Ficam Sabendo, had filed a constitutional complaint with the STF against the decision of the São Paulo Court. The latter ordered the material they produced to be removed from the air and ordered the payment of compensation to nutritionist André Luis Lanca, whose profile had republished the video with false information.
Lanca had republished content from a therapist with the false claim that diabetes was caused by worms that attack the pancreas.
The report attempted to contact the nutritionist, through his Instagram account and via WhatsApp, but did not receive a response until the publication of this text.
Toffoli, in his preliminary decision, stated that he did not see a proportional justification for removing the researchers’ content from the air. The measure, in his assessment, affects the “manifestation of thought and the right to information and scientific expression”.
The minister added that the author of the case had a public profile and that in Bonassa and Marise’s video there is a criticism of the nutritionist’s actions using scientific data about diabetes.
He also mentioned the prevalence of the right to freedom of the press over personality rights.
Understand the process
In June 2023, Bonassa and Marise produced a video alerting the content shared by the nutritionist in which an association was made between diabetes and parasites in the pancreas, which is false.
In the post that was the subject of the publishing duo’s video, Lanca, whose profile had more than 60 thousand followers, wrote that “diabetes is a worm” and that all you had to do was comment “I want” on the post to find out about the deworming treatment.
“If you see someone propagating this, report it and block it. Because this is misinformation and it is coming in strong to sell courses”, warn Bonassa in the video.
The nutritionist then sued the duo from the channel ” Nunca Vi 1 Cientista “, arguing about the exposure of personal data, such as the CRN (Regional Nutrition Council) and the city of operation, Jundiaí, and about a “stain” on his image, which would harm the sale of their services.
Judge Larissa Boni Valieris, from the 1st Court of the Special Civil Court (JEC) of São Paulo, ruled in favor of the nutritionist and ordered the release of the publishers’ video and compensation of R$1,000.
