The Sixth Panel of the (Superior Court of Justice) upheld this Tuesday (4) the conviction of Bolsonaro blogger Allan dos Santos for the crime of slander against filmmaker Estela Renner. The decision refers to a speech about the “Queermuseum”.
“Queermuseu: Cartographies of Difference in Brazilian Art” was an exhibition promoted by Santander Cultural that was canceled after a wave of protests. The show caused .
The majority of ministers of the higher court voted to confirm a decision by the TJ-RS (Court of Justice of the State of Rio Grande do Sul) which established a sentence of 1 year, 7 months and 1 day of detention to be served in an initial open regime.
Considered a fugitive by the STF (Supreme Federal Court), where he supported the (PL-SP) for sanctions by the Donald Trump government on court ministers and Brazil.
In 2017, the presenter of the former Terça Livre channel published a video in which he accused Renner of encouraging the use of drugs and receiving money through illegal means with the aim of destroying the family and the lives of young people and children.
“These sons of bitches who want to put marijuana in young people’s mouths. Holy shit. Catraquinha wanting to teach this to little kids! All of this here is what’s behind Santander Cultural, when they engage in zoophilia, pedophilia.”
When contacted, Allan dos Santos’ defense preferred not to comment at this time, citing that the STJ’s decision has not yet been published.
In the trial, the position of minister Sebastião Reis Júnior prevailed. For him, the conviction was detailed and conclusive, so that reviewing the understanding would require a reanalysis of the evidence, which is not possible at this stage.
“The Court of Justice of Rio Grande do Sul is very clear in concluding that there was slander and, for this conclusion, in my opinion, a detailed examination of the factual context was evident. I do not see how to overcome the issue of summary 7”, stated Reis Júnior.
Ministers Carlos Pires Brandão, Og Fernandes and Rogerio Schietti Cruz followed the understanding. The rapporteur, Antonio Saldanha Palheiro, ended up defeated. It proposed the downgrading of the crime from slander to insult, which would lead to a statute of limitations.
According to Saldanha Palheiro, “the expressions are extremely rude, aggressive”, but there is “no specific classification of the crime of slander, because there is no [se] delimited and did not detail the crime that was being charged”.
For lawyer Flávia Rahal, who represented Renner, the STJ’s decision is a victory for the protection of the filmmaker’s honor and image. “Reaffirms that freedom of expression is not an absolute right and that the false attribution of crimes, with the aim of destroying reputations, cannot be tolerated.”
