Friday, April 16, 2021

Justice annuls Danilo Gentili’s conviction for insulting Maria do Rosário

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Danilo Gentili obtained a favorable decision in court in a lawsuit involving federal deputy Maria do Rosário (PT-RS). According to the presenter’s lawyer, Rogério Cury, the decision was made on Tuesday (6) by the Second Panel of the Special Court of the Federal Justice of São Paulo, which unanimously annulled the conviction imputed after an injury process in 2019 .

“We filed an appeal, the Federal Prosecutor’s Office understood that there was reason for the thesis of annulment of the conviction, manifested itself in that sense, and the judges, unanimously, decided to annul the conviction,” Cury told the TV News.

Afterwards, the lawyer commented: “The judiciary understood that there was an affront to the federal constitution and I think that, in a democratic state of law, every affront to the federal constitution has to be annulled. And that is what happened. It is an interesting case because even the Federal Public Prosecutor’s Office said that it had to cancel “.

According to Cury, the judgment of the judicial decision should be published in the Official Gazette in the next few days or weeks, and there is still the possibility of an appeal by Maria do Rosário’s defense.

O TV News he sought the team of the federal deputy, but has not yet obtained an official position from Maria do Rosário. This report will be updated as soon as there is a statement from her on the subject.

Understand the case involving Gentili

In 2019, the SBT presenter was convicted of the crime of injury against the deputy. Gentili was able to appeal the sentence in freedom.

In 2016, the holder of The Noite published offensive messages to the parliamentarian and was sued by her. In the decision released on April 10, 2019, the judge stressed the right to freedom of expression. However, he said that he understands that, when someone goes beyond the line of ethics, criminal tutelage emerges in the rule of law as a legitimate instrument of restraint against its abusive use.

“I note that the humorist and presenter intentionally insulted the federal deputy through the internet, offending her dignity or decorum, giving her the nickname ‘bitch'”, she wrote at the time.

At the time, Maria do Rosário celebrated the conviction: “Disqualified attacks arise when we manage to convict another criminal for injury. It doesn’t matter. What I try to show is that it is possible to defeat hatred and strengthen respect, dialogue and common sense”.

On the occasion, President Jair Bolsonaro came out in defense of the comedian: “I sympathize with the presenter and comedian Danilo Gentili when exercising his right to free expression and his profession, which I am sometimes the target of, but I understand that they are jokes and it is part of the game, something that, unfortunately, is valid for some and not for others “, he said.

Gentili said he was honored by the comment: “Just as I never imagined one day being sentenced to prison for protesting censorship, I also never imagined counting on presidential support”.


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