Mendes v. Iozzi
Case Law- Country
- Country Location
Latitud: -9.531069703582213
Longitud: -52.923056365109474
- Country Location (vinculado Case Law)
- Brazil
- Decision Date
- 21 sept 2016
- Case Status
- On Appeal
- Case Outcome (Procedural)
- Motion Granted
- Case Outcome (Disposition)
- Monetary Damages/Fines
- Keywords
- Defamation
- Social Media
- Judicial Body
- First Instance Court
- Case Number
- 2016.01.1.0621080
- Case Summary
The 4th Civil Court of Brasilia found Monica Iozzi de Castro guilty of violating Gilmar Ferreira Mendes’ honor protected under Article 5 of the Brazilian Constitution. Mendes sued Iozzi for posting a photo on her Instagram account which implied that Gilmar Ferreira Mendes, a justice of the Supreme Court, was complicit in the felonies of a convicted rapist. Iozzi’s post was in response to Justice Mendes’ decision to hear a writ of habeas corpus of physician and convicted serial rapist, Roger Abdelmassih. The Court reasoned that due to the fact Iozzi, a Brazilian TV icon, had influence over a large audience via social media, she had a greater duty than most to be conscious of the possible consequences of her expression. The Court found that Iozzi’s rights to freedom of expression did not justify the violation of Mendes’ Article 5 protections. Castro was ordered to compensate Mendes for moral damages.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Caselaw
- Source Name and URL
- Columbia Global Freedom of Expression