The São Paulo Court denied the defense appeal of influencer Pablo Marçal, who was ordered to compensate singer and songwriter Dexter in R$20,000.
The case refers to 2024, when, during the campaign for mayor, Marçal used, without authorization, an excerpt from the song “Oitavo Anjo”, released in 2000, in a video published on his social networks.
In the content, when stating that he would emerge victorious in the first round, Marçal synchronized his phrase “he thought I was defeated, he thought it was wrong” with the first line of the song: “they thought I was defeated, whoever thought I was wrong”.
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To Estadão, Marçal declared that he helped “promote” Dexter’s music. “It was very dark and I was happy that he was going to donate a basic food basket. If he proves that he will donate, I will help even more in the place.” said Marcal.
Marçal’s speech references Dexter’s position on the PodPah podcast, in which the rapper stated that he would donate the money to the community. When contacted, the PRTB did not respond until the publication of this report.
In the process, Dexter argued that there was misuse of his work. The singer’s defense, led by lawyers Raquel Lemos and Carolina Franco, stated that “Marçal not only distorts the meaning of his creations, but also attacks the integrity of his artistic contribution and the identity he built over decades of struggle and authentic expression”.
Before the appeal, Marçal had already been convicted in the first instance. With the presentation of the request, the São Paulo Court of Justice (TJ-SP) maintained the initial decision.
“The use of the phonographic work without authorization, in the context of political promotion, constitutes an unequivocal violation of the authors’ copyright and moral rights”, declared rapporteur Ademir Modesto de Souza, highlighting that the undue association affected the artistic value of the work.
In addition to Marçal, the PRTB was also convicted. In addition to the payment of R$20,000 to Dexter, the Court ordered compensation for material damages to the companies Atraction Produções Ilimitadas Ltda. and Atraction Fonographic Ltda., holders of rights to the song. The values will still be defined by expertise.
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Recently, influencer Pablo Marçal was also convicted by the Electoral Court, this time for defaming deputy Tabata Amaral (PSB-SP) during the campaign for São Paulo City Hall. In the decision, the judge states that Marçal imputed to his political opponent a false fact about the alleged abandonment of his father on his deathbed, with the aim of disqualifying her politically.
Marçal received a sentence of 4 months and 15 days of detention, converted into a monetary payment equivalent to 200 minimum wages (around R$303 thousand) in favor of Tabata, in addition to a 7-day fine, set at 5 minimum wages each. There is an appeal.
