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O youtuber Rafael Francisco Cavalcanti da Silvaknown as Rafael Chocolatewas convicted of Justice of Pernambuco to pay almost R$50 thousand in compensation for moral damages to two victims of prank videos recorded in the center of Reefs (PE).
Com 5.38 million subscribers On his YouTube channel, Rafael is known for producing humor content for at least eight years. The processes involve recordings in which the influencer surprises pedestrians in embarrassing situations. The victims asked for compensation ranging from R$300 thousand and R$350 thousand.
Reproduction/Social media
First conviction
In the first case, the influencer appears covering people with a bucket while recording on Avenida Conde da Boa Vistaem 2019.
One of the victims, then 25 years old, claimed to have developed anxiety, panic syndrome and schizophrenia after the repercussion of the video — even with his face blurred. The man reported having been recognized by colleagues and began to suffer embarrassment.
In September this year, the 7th Civil Court of the Capital ordered Rafael to pay R$ 30 mil for moral damages. The decision became finalthat is, there is no further appeal. The court also ordered the video removalunder penalty of a daily fine.
According to the influencer’s lawyer, Larissa Mourathe section with the image of the victim was taken offline in 2021when Rafael was notified about the action. The victim’s defense was not located, but the space remains open for demonstrations.
Second process
The second lawsuit was filed by the merchant Senegalese Modou Lowho denounced Rafael in 2022. He appears in a prank recorded while working in the center of Recife.
According to the complaint, the video — which accumulates almost 8 million views — caused public humiliation and financial lossesleading the merchant to close your work point out of shame.
Rafael’s defense claimed that the excerpt was removed and that the participants authorize in advance the recordings, although some regret it later.
However, the Court understood that the “blur” applied to the face did not prevent the identification of the victims and ordered the payment of R$ 20 mil of compensation. This process still is in progressbecause the defense appealed the decision.
Source: Metropolis Portal
✍️ Written by ContilNet
