The court upheld the conviction of presenter Dudu Camargo for moral damages against singer Simony, this Wednesday (9), in an appeal filed at the São Paulo Court of Justice. The judge maintained the fine in the amount of R$30,000. Understand the case .
During the 2020 Carnival, presenter Simony was broadcasting an event alongside presenter Nelson Rubens, on Rede TV!, when Dudu Camargo asked to participate and inappropriately touched the body of the former member of the group Balão Mágico. The situation caused discomfort among those present.
The court decision highlights that the clothes of the singer, and presenter, do not justify “exaggerated physical contact” and that Dudu acted in an abusive and excessive manner, with sexual connotations.
Claims of the parties
Simony’s defense went to court with a request for moral damages, with a fine of R$100,000. While Dudu’s defense claimed the action was unfounded. Subsequently, with the imminent conviction, Dudu’s lawyers tried to reduce the value of the singer’s request by 90%.
The conviction stipulated that the presenter pay R$30,000 to the singer. In the sentence that sentenced Dudu, the fact of the conduct was considered aggravating because it occurred on a television program, accessible to everyone, giving rise to public exposure.
In the appeal, Dudu justified that the conversation between all participants occurred in a joking manner, and that the victim had reproduced his participation on her social networks, and that this would demonstrate that there was no shock or repulsion due to the events that occurred.
In her defense, Simony claimed that Dudu transformed the situation, giving it a sexual connotation, mentioning his preference for going to “Banheira do Gugu” with the singer. The defense says that the presenter groped the singer’s body, from the pelvic area to the chest, causing her to react and call him abused. The defense complements that Simony repudiated the acts in a professional and polite manner, without harming the progress of the program, while Dudu continued with his behavior, aware that there would be no forceful action due to the context of the live program.
Appeal denied and conviction upheld
Judge Mônica de Carvalho, rapporteur of the appeal, said in the sentence that the defendant acted abusively and excessively, and that the “the body of evidence in the case file is abundant”, against Dudu Camargo.
The appeal’s sentence begins by evoking the fundamental precepts of human dignity, the constitutional foundation that should guide the judge’s decision. She also highlights that freedom of expression does not guarantee such behavior, and the inviolability of intimacy, private life, honor and image of people is above this concept.
Regarding the allegation that the victim had given any type of consent to Dudu Camargo’s actions, the judge was adamant, and highlighted that Simony’s behavior was due to maintaining a professional posture. Look .
“In the images broadcast, the victim’s embarrassment with the defendant’s behavior is visible, and it cannot be forgotten that, as an entertainment professional, a more measured reaction is required during the broadcast of the program, preventing her from expressing her feelings more vehemently. annoyance. It is necessary to remember that acting on another person’s privacy can only occur with their consent, never in an abusive way, which is what happened”, says the sentence.
This content was originally published in Justice maintains conviction of Dudu Camargo for groping Simony on a TV program on the CNN Brasil website.
Source: CNN Brasil
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