The decision contracts expression, as it required the removal of the episode from all social media platforms. Although one could argue that the podcast host did not promote Nazism but rather expressed an opinion about the hypothetical creation of a Nazi party in Brazil, shortly after the episode aired and even before the preliminary decision, it was taken down by the Flow Podcast itself, and the host, Monark, was fired. On the same day, Monark apologized for his comments and explained that he was drunk during the episode.
In the case 0702508-16.2022.8.07.0007, a lawsuit filed by Artur Pimenta de Oliveira Filho and others against Flow Podcast and Monark involving the same facts, the 8th Civil Division of the Court of Justice of the Federal District and Territories confirmed the lower court decision and denied the requests for compensation for moral damages, acknowledging that the complainants failed to demonstrate how the statements made by the host of the Flow Podcast directly affected their individual honor. However, both lower and appellate court recognized the unlawfulness of Monark’s discourse.
A police investigation (1504104-39.2022.8.26.0050) was also initiated to investigate the facts, but it was closed in September 2022, before it became a criminal case.
This case did not set a binding or persuasive precedent either within or outside its jurisdiction. The significance of this case is undetermined at this point in time.