Friday, April 16, 2021

Danilo Gentili wins legal battle against nurse who was offended by joke


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Targeted by different lawsuits for making fun of nurses on social media, Danilo Gentili achieved a partial victory in one of the lawsuits. The presenter of The Noite, from SBT, was acquitted in the legal battle against the nurse Rodrigo Romão, director of Seesp (Union of Nurses of the State of São Paulo). The health professional was offended by the humorist’s publications.

O TV News had access to the decision of Judge Thiago Massao Cortizo Teraoka, of the Court of the Special Civil and Criminal Court of Mogi das Cruzes, in the metropolitan region of São Paulo. According to the magistrate, Gentili “exaggerated” and “wrote bullshit”, but that would not be enough reason to harm the nurse’s honor.

On December 1st of last year, the comedian used Twitter to make a joke involving the class. “Do you know if there is a specialized asylum where nurses beat up a vile? That has been a concern of mine when I think about the future. Is there this type of service?” See the publication below:

Rodrigo Romão complained about the publication and posted it on the social network. “It is not the first time that this citizen, if we can call him that, makes weird jokes with our category. And in this very difficult moment of our nursing, when the majority are in the front line, facing and fighting the AIDS pandemic. Covid-19, we are disrespected again by this ‘citizen’ “, quipped the union director.

In addition to a career nurse and one of the representatives of Seesp, Romão has already held the position of city councilor for Mogi das Cruzes for two years, between 2019 and 2020, and disputed elections for the PC do B (Communist Party of Brazil).

Gentili responded to the disaffection, mentioning the political part. At the time, in December last year, the health professional still occupied a seat in the City Council. “Nurses I respect. Councilors, no. And you are a vagabond councilor. You will really work, you shit …”, fired the comedian.

In the understanding of Justice, the public discussion between the two was not subject to moral damage because they are two public figures, who exchanged provocations on the web.

“The defendant [Danilo Gentili] wrote bullshit and the author [Rodrigo Romão], ideologically opposed to the defendant, took the opportunity to defend his category. This, of course, at the expense of the defendant’s image. This does not entitle the defendant to curse the plaintiff. The defendant exaggerated, not least because the plaintiff did not publish an untruth, but a mistake by the defendant. However, obviously, the defendant was provoked “, pointed out the judge Vara of the Special Civil and Criminal Court of Mogi das Cruzes.

“In this context, despite the expletive (‘vagabond’ and ‘shit’), it is difficult to believe that there was damage to the honor of the author, an experienced politician. Objective honor was certainly not shaken, as his followers defended him. Neither did subjective honor, because certainly the author is used to clashes much more difficult than an argument with someone he doesn’t even know personally “, wrote magistrate Thiago Massao Cortizo Teraoka.

Wanted by the report, Rodrigo Romão declined to comment on the case. The decision at first instance is March 12, but the nurse’s defense can still appeal.

Danilo Gentili joke

In addition to the lawsuit filed by Romão at the Court of the Special Civil and Criminal Court of Mogi das Cruzes, Gentili is also being sued by Seesp, a union led by the former councilman, for the joke about masturbation. The moral damages action in the amount of R $ 41 thousand has been filed at the 42nd Civil Court of the São Paulo Court of Justice since December 14.

In an official statement, the corporation classified the presenter as a “humorist without limits” for offending health professionals in a publication that “encourages moral and sexual harassment, attacks the image of mothers, daughters, aunts, wives and girlfriends facing the labor market. work to survive and are often the breadwinner for the family “.

In the lawsuit, the union asks for “payment of compensation corresponding to 40 minimum wages (R $ 41,800) as moral damages to nurses”. The entity also requires public retraction and immediate removal of the post on Twitter.

SBT’s press office sent a note from Gentili that had already been sent to columnist Mônica Bergamo, from Folha de S.Paulo, on December 3, as a defense of the comedian in the case. Read the announcement below and in full:

“I made this joking comment while watching the classic Italian comedy Ugly, Dirty and Mean [1976], by Ettore Scola. This was the scene in question.

The Federal Nursing Council criminally charged me for a joke I made while watching a comedy movie. To the readers: do you think this is proportional? If a little Twitter joke deserves to be criminally charged, what would they not do with filmmaker Ettore Scola, who filmed and eternalized such a comic scene? Lynching? Death penalty?

I sincerely regret that, in the midst of a pandemic, while so many nursing professionals risk their lives to save others, a Council loses time debating banal jokes instead of focusing all its efforts on protecting nurses who are often forced to work without protective equipment in several health units in São Paulo and Brazil. But each body has its own priorities, right?

Incidentally, jokes aside, I give my applause to these heroes and heroines who do not hide behind tables of unions and councils and therefore do not have time to patrol Twitter joke. I wish better days for our nursing heroes. And also for our comedy antiheroes. “



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