Brazilian court orders journalist to pay damages for calling deputy “neonazistinha”

A Brazilian legal analysis outlines that freedom of expression, protected by article 5 of the Constitution, does not cover speech that becomes a crime, defames, or incites hatred. The limits apply when statements shift from criticism to false accusations, insults, or discrimination, especially in political contexts such as elections.

In a related case, the São Paulo Court of Justice’s 2ª Turma Recursal Cível ruled that journalist Ricardo Kotscho and the portal UOL must each pay R$ 10,000 in moral damages to federal deputy Kim Kataguiri. The court held that referring to Kataguiri as “neonazistinha” exceeded legitimate opinion and amounted to an insulting, defamatory statement prohibited by law. The decision reaffirmed that press freedom does not shield gratuitous personal attacks and that media outlets share liability for such content.