A woman from Pato Branco, in the southwest of Paraná, won, in the 1st instance, an indemnification process in the amount of R$ 50 thousand for moral damages against the singer Gusttavo Lima. The musician can appeal the decision. See sentence details below.
She sued the singer after having his cell phone number quoted in a snippet of the song “I remembered that I’m blocked”. Her defense attorney, Fabiano Giaretta, claims she use the number since 2009.
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O g1 sought the defense of singer Gusttavo Lima, but has not yet received a response.
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After the song was released in November 2021, the victim began to receive numerous calls daily, in addition to messages. Many of them, according to Giaretta, contain pornographic content and threats.
“She suffers from the import of peace, because she receives numerous messages to this day. It is important to make it clear that she did not sue Gusttavo Lima to gain fame, so much so that she doesn’t want her name to be known. She just wants the damage done to her to be indemnified, in view of such harassment against her,” said the lawyer.
The decision of July 19 this year was signed by the lay judge Daniel Proença Larsson, and ratified by the Pato Branco court judge, Luiz Henrique Vianna Silva, on the same date.
According to the decision, the singer claimed that there was no moral damages, since her number does not appear in full in the song. In addition, the document says, Gusttavo Lima’s defense argued that the screenshots of WhatsApp conversations used by the victim in the process cannot be considered evidence.
However, the Court understood that even with the existence of several area codes in the country with such a number, it does not mean that the singer could use it, at random, without respecting or knowing the real ownership.
“Now, it is known that there are more than 214 million inhabitants in our country, so it is extremely likely that random numbers have their respective owners,” reads part of the decision.
The sentence also mentions that the case of Pato Branco’s wife is not isolated. and that there are other lawsuits, of the same content, being processed in other Brazilian cities, which reinforces the thesis that the singer “did not take precautions to avoid such problems, so there is no need to speak of absence of guilt.”
Another part of the decision mentions that the messages sent to the woman explicitly mentioned the song by Gusttavo Lima. Therefore, the judges evaluated, the payment of compensation is necessary because there is no way to repay the psychological damage caused to her.
“The fixing of a financial amount represents, in fact, a compensation for the unjust mental suffering caused by others, serving as reparation for the moral damage suffered”, says an excerpt.