A man was ordered to pay compensation of R$ 60,000 to his ex-girlfriend after leaking intimate videos. The victim reported that the videos were recorded during the former couple’s affective relationship and later released by the former partner, with the help of others, without her consent.
The Court of Justice of Minas Gerais condemned the former partner to pay compensation for moral damages. According to what the conviction says, the unauthorized disclosure of the intimate content had great repercussions on the woman’s professional and personal life, which is why she went to court asking for compensation.
In the 1st Instance, the defendant was ordered to indemnify the victim in R$ 100 thousand, for moral damages. The sentence also determined that if he continued to disclose intimate videos referring to the author of the action, he would pay a fine of R$ 500 for each act practiced in opposition to the decision.
The defendant appealed the sentence, asking for the reduction of compensation to R$ 10,000. When analyzing the records, the rapporteur, Judge Marcelo Pereira da Silva, initially emphasized that the disclosure, in addition to not having been consented by the ex-partner, reached the ex-husband of the victim — father of her two children —; the former boss; friends; relatives; and neighbors, as well as third parties.
The decision is from the 11th Civil Chamber of the Court of Justice of Minas Gerais, which partially modified the sentence handed down by the District of Contagem.
In his decision, among other points, the rapporteur noted that there is no doubt that nudity and acts of sexual content are inherent to people’s intimacy and, normally, take place in a reserved, private and private way.
“Unauthorized exposure of content of this nature denotes an illicit practice that should even be curbed, given the harmful consequences for the personal and social universe of the victim, especially when, in kind, family and friends were included among the recipients of the exhibition. Furthermore, there is no doubt that the factual circumstances that are the subject of this claim will accompany the plaintiff for the rest of her life in order to cause her effective embarrassment and psychological shock, given the vilification of her privacy”, she stressed.
Judge Marcelo Pereira da Silva pointed out, however, that the indemnity amount must always meet reasonableness and proportionality, “respecting the factual circumstances of the case, the economic condition of the interested parties, everything in order to compensate for the offense without translating illicit enrichment.”
In the rapporteur’s assessment, in the specific case, despite the manifest and immeasurable pain suffered by the victim as a result of the defendant’s attitude, the compensation of R$ 100 thousand was high, while the amount of R$ 10 thousand, requested by the former partner, in the appeal, was not enough to mitigate the damage suffered by the woman. Thus, he fixed the compensation at R$ 60 thousand.
Judges Marcos Lincoln and Mônica Libânio Rocha Bretas voted in agreement with the rapporteur.
Source: CNN Brasil
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