Model Carlos Alberto Cunha Gonçalves, aka Carlucho, is R$76 richer, oops, compensated for moral damages. He has just won a case against Rede TV in São Paulo court! for being called gay by interviewees on the SuperPop program, presented by Luciana Gimenez.
Rede TV! In February last year, a report was shown to tell the story of the Women's Club. Presenter, director, dancers and other guests of the establishment went to the studio to give interviews. Among the topics discussed, homosexuality among dancers was addressed. Carlos Alberto was cited as one of the models who left the Club because he was gay. The guests did not say the model's name, only calling him by his nickname. However, photos of the model were shown.
Carlos said that his intimacy and privacy were affected and he filed a compensation claim. The broadcaster's defense was based on the claim that it had clarified, during the program, that the dancers were not homosexuals because they danced for women and not for men. He also argued that the model's full name was not disclosed, nor was his nickname highlighted. Another argument was that there were no offenses, which would take away his right to receive compensation for moral damages.
The case was judged in the 17th Civil Court of São Paulo by judge Carlos Dias Motta. In the sentence, the judge considered that "the offense did not result from the simple reference of the author's name in the program, but from the content of the comments made. It is, therefore, characterized by the existence of moral damage suffered by the author, being, by him, the defendant civilly responsible, for broadcasting the program and making a profit from it".
In the judge's opinion, the case goes far beyond Carlucho being called gay, it was a violation of intimacy and privacy. Freedom of expression, for the judge, achieved at a high price, cannot be a reason for violating intimacy and privacy, principles also included in the Federal Constitution.
The sentence can still be appealed to the broadcaster.
