lawyer dr George de Farias is judging the case of Camila Loures, who will appeal the decision, finding it “disproportionate in value”. To the details!
Camila Loures was ordered to pay an app driver BRL 25,000 in damages. Marcos Ki Suk Lee sued the influencer after an episode in which she posted a video complaining about the driver’s service. At that time, the images were shared on Instagram for the more than 10 million followers of the YouTuber from Minas Gerais. The case happened in May 2022.
Danielle Ferreira, Camila’s attorney, said the decision had already been appealed and said the host of the PodCats podcast had no intention of negatively exposing the driver.
“She understands that this amount is disproportionate even if the driver feels injured. In the video in question, she does not defame the driver’s image, she complains about the platform as a service provider. If the verdict is upheld, it should be within the norm of “proportionality of the case,” he told G1.
Attorney’s Opinions on the Case
O pure people spoke to the impartial attorney on the case, Dr. George de Fariasand asks for a technical opinion on the procedure. Read in full:
“The first point to be analyzed in the case of the compensation imposed by the TJSP judge on Camila is the right to image, which has been elevated to the category of fundamental right in the Constitution of the Republic and entails its violation.” compensation for moral damage.
Moral harm is harm to a person’s honor or reputation when it results from a violation of personality rights (intimacy, privacy, honor and reputation).
In the case of Camila, who is an influencer, has many followers and “theoretically” has a commercial profile, the judge may have understood that the disclosure of the image together with the publication of the app driver’s video could lead to commercial purposes, since She’s social Networks are driven by likes, and sharing generates engagement.
Regarding the amount of compensation, in a similar case, image and/or video exposure, the 16th Civil Division of the Rio Court of Justice sentenced a company to R$ 20,000.00 (twenty thousand reais).
Since, in the case of Camila, her profile has a very wide reach, I believe the TJSP judge considered disclosing the app driver’s image.
The decision may still be appealed to determine whether the value of the judgment is upheld, reduced, or overturned with a full change of judgment.”
remember
In May 2022, Camila Loures reported that she was kicked out of a car via the app “without explanation” during a race in São Paulo. According to the influencer, she asked the driver to close the window and he informed her that he would not close it due to Covid19 protocols.
Camila would have insisted, and then the driver parked and told her and her companion to get out of the vehicle. After the video went viral, the artist issued a public apology, claiming at the time that she wasn’t being arrogant.