TV Host and Broadcaster in Brazil ordered to pay R$ 300k for homophobia
29 de January de 2025
By Jadson Lima – From Cenarium
MANAUS (AM) – Federal Judge Ingrid Schroder Sliwka, from the 5th Federal Court of Porto Alegre, sentenced presenter Sikêra Júnior and RedeTV! to pay R$ 300,000 for the crime of homophobia. The magistrate also ratified an agreement for the removal of content deemed offensive to diversity and plurality from the broadcaster’s digital platforms. The ruling, issued in joint sentences from two public civil actions, was signed on Monday, the 27th.
The presenter was convicted for statements he made during editions of the program Alerta Nacional, aired by the broadcaster in June and November 2021, when Sikêra Júnior offended the LGBTQIAPN+ community. In June of that year, the presenter called gay people a “damned race” in reaction to a Burger King fast-food advertisement promoting diversity.
“You are disgusting. We’ve been staying silent, swallowing this damned race, but there will come a time when we’ll have to make a louder noise. Let children grow up, play and discover things on their own. The commercial is rotten, disgusting. This is not a conversation for children”, said Sikêra.
According to a statement published by the Federal Court of Rio Grande do Sul (JFRS), the judge concluded that “the defendants’ conduct exceeded the freedoms of the press, expression and journalism, constituting unlawful behavior incompatible with constitutional and international values of respect for human dignity and the fight against discrimination.”
The magistrate also argued that the content of the programs was offensive and promoted discrimination, prejudice, stigmatization, and the exclusion of a vulnerable group. Sliwka emphasized that censorship is not the issue, but that freedom of expression is subject to accountability in cases of excess or offense to rights, requiring necessary reparation for damages caused.
“The communication activity carried out by the presenter inherently poses a risk to the rights of others, especially when the constitutionally enshrined freedom of the press and communication is exercised with excesses,” the magistrate explained.
The joint sentences were issued in two public civil actions filed by the Federal Public Prosecutor’s Office (MPF) and organizations representing the LGBTQIAPN+ Community, with the Federal Public Defender’s Office (DPU) also joining as a plaintiff.
During the proceedings, in addition to hearing the parties involved, the court also considered the statement from the Brazilian Press Association (ABI), which found the defendants responsible for “a discriminatory and human rights-violating discourse against the LGBTQIA+ population.”
Another Conviction
Presenter Sikêra Júnior was convicted for hate speech against the LGBTQIAPN+ community in November 2024 in another case heard by the Court of Justice of Amazonas (TJAM). The decision from the 8th Criminal Court of Manaus granted a request from the Amazonas Public Prosecutor’s Office (MPAM).
In the complaint filed in 2021, the MPAM pointed out that the presenter willfully and consciously practiced and incited racial discrimination against the LGBTQIA+ community. The incident occurred during the broadcast of a television program.
According to the ruling by Judge Patrícia Macêdo de Campos, the presenter was sentenced to two years in open prison. Despite the conviction, the magistrate stated that the defendant met the requirements for “substitution of the prison sentence with restrictive penalties” as a first-time offender. The penalty was converted into community service and nighttime house arrest.