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São Paulo Court Upholds Ruling on Capacitist Joke, Cuts Damages, Bans New Jokes

The appeals court labeled the viral remark discriminatory, trimming damages to R$10,000, imposing a R$5,000 penalty for repeat offenses.

Overview

  • On October 11, the São Paulo appeals court affirmed liability against comedian Marcelo Duque, reducing the first-instance award from R$30,000 to R$10,000.
  • The judges kept the order to remove the video, which had exceeded 500,000 views, noting a surge of malicious social-media comments as evidence of harm.
  • Relator Maria do Carmo Honório wrote that the satire tapped into undeniable structural prejudice against people with disabilities.
  • Duque is barred from making further jokes about Ana Bianca Sessa under a R$5,000 fine per violation, and he says he may consider another appeal.
  • Sessa, a former participant on Netflix’s Casamento às Cegas with a congenital malformation of the fingers, praised the decision as progress against capacitism.