Justice condemns Nego Di for defamation and insult against a deputy; Influencer remains in prison on suspicion of embezzlement

The judge considered that the crime occurred on a highly visible platform and caused significant damage to the victim's image. Although the defense argued that it was humor, the court concluded that the words surpassed the acceptable limits of freedom of expression.

• 

Influencer Nego Di was arrested in investigation for embezzlement – ​​Photo Reproduction / Social networks/ Reproduction/ ND

The Brazilian court ruled last Friday (23) a conviction against influencer and former reality show participant Dilson Alves da Silva Neto, popularly known as Nego Di, due to accusations of defamation and insult against the federal deputy Luciana Genro, do Socialism and Freedom Party (PSOL). Nego Di was sentenced for defamation and insult to one year, one month and two days of open detention.

The sentence was converted into the provision of community service and the payment of a fine equivalent to five minimum wages. The court decision comes at a complicated time for the influencer, who also faces legal problems on another front. The influencer has been preventively detained in Canoas, in the Metropolitan Region of Porto Alegre, since July 14, on suspicion of embezzlement.

Court decision

The decision of the 4th Criminal Court of the Central Court of the District of Porto Alegre analyzed a series of comments made by the defendant in relation to deputy Luciana Genro, who had filed a criminal complaint. In a video published on the influencer's YouTube channel on March 11, 2020, the comedian referred to the politician as a "shameless old woman" and a "pothead". The court considered that the crime occurred on a highly visible platform and caused damage to the victim's image.

Although the defense argued that it was humor, the court concluded that the words surpassed the acceptable limits of freedom of expression and constituted a direct offense to the honor of the deputy. Dilson Alves da Silva Neto's defense informed that it will comment on the case as soon as it becomes aware of the sentence handed down on Friday.

Sentence

Judge Eduardo Furian Pontes concluded that the video damaged the deputy's reputation and negatively impacted her career. He took into account that the crime occurred on a highly visible platform and caused damage to the victim's image. Despite the defense claiming that it was humor, the court decided that the words exceeded the acceptable limits of freedom of expression, constituting a direct offense to the honor of the deputy.

The sentence established a sentence of 1 year, 1 month and 2 days of open detention, replaced by two sentences restricting rights: provision of services to the community and payment of a monetary benefit in the amount of 5 minimum wages. In addition, a fine of 20 days was set, with each day worth one tenth of the minimum wage in force at the time, and Dilson Alves must pay R$ 10.000,00 in compensation for moral damages, plus monetary correction and interest.

Suspected embezzlement

Nego Di is arrested on charges of embezzlement. According to the investigation, he and his partner, Anderson Bonetti (also detained), had created an online store that sold products that were never delivered. The scheme worked as follows: Nego Di started promoting virtual sweepstakes on his social networks, offering various prizes, such as cars, electronics and money. Initially, these giveaways seemed like a way to engage your followers and increase your online popularity. However, investigations revealed that, behind this facade, there was a complex money laundering operation.

In January, when promoting the draw for an armored luxury car, Nego Di caught the attention of the Public Ministry. The investigation showed that deposits from the draws were directed to accounts associated with his wife, companies in the couple's name and even relatives. Financial transactions totaled R$ 2,6 million. Among the promotions, the highlight was the offer of a Porsche, announced by the influencer with the following message: "The Porsche can be yours for just 0.99 cents. You will take home 10 winning tickets, each worth R$ 10 thousand."

Flávio Duarte, prosecutor at the 8th Specialized Criminal Justice Prosecutor's Office, stated that the scheme described constitutes money laundering. The funds obtained through raffles promoted by the influencer were initially deposited into a third party's account and then returned to a company, creating the appearance of legality. This practice disguises the criminal origin of the money, which is then used to acquire goods.

Part of the funds was used to purchase two cars valued at more than R$ 630 thousand. The Public Ministry is investigating whether one of the cars was drawn and its current whereabouts. Duarte also highlighted the lack of control over raffles and the direct sale of a vehicle to a partner company without evidence of a draw, with deposits continuing to be made into accounts even after the car has been sold.