STJ upholds Danilo Gentili's conviction for fatphobic attacks on Sâmia Bomfim

The Superior Tribunal de Justiça (STJ) has upheld the conviction of comedian and presenter Danilo Gentili, ordering him to pay R$ 20,000 in moral damages to Federal Deputy Sâmia Bomfim. The ruling follows a series of social media posts characterized as fatphobic attacks directed at Bomfim during her time as a city councilor.

Gentili’s defense argued that the legal statute of limitations had expired, as the first cited post occurred in August 2018 and the lawsuit was filed in May 2022. However, the STJ, led by Minister Antonio Carlos Ferreira, rejected this claim. The court established that in cases of damage to an individual's image, the prescriptive period is renewed with each new offensive publication or as long as the content remains accessible online, constituting a “violação continuada” (continued violation).

The decision, which was unanimous, also requires Gentili to remove the offensive posts from the X platform. Failure to comply may result in a daily fine of R$ 1,000, capped at R$ 30,000. The court determined that the comments exceeded the limits of freedom of expression and constituted personal attacks rather than political criticism.