Brazil Court Upholds Conviction of Influencer Allan dos Santos for Slander

The Superior Court of Justice (STJ) has definitively upheld the conviction of Allan dos Santos, a prominent pro-Bolsonaro influencer, for slander against filmmaker Estela Renner. This ruling, which confirms a sentence of 1 year, 7 months, and 1 day of detention, marks the end of his appeals process in Brazil. Dos Santos was found guilty for defamatory remarks he made in 2017 concerning Renner's involvement in the "Queermuseu" exhibition in Porto Alegre.

During that period, dos Santos disseminated a video in which he falsely accused Renner of intending to introduce drugs to young people through the exhibition. The STJ's decision, initially affirmed by the Rio Grande do Sul Court of Justice, was further solidified as the court denied all remaining appeals from dos Santos' defense. The justices emphasized a crucial point: freedom of expression is not a shield for baseless and harmful accusations. This principle is vital in ensuring accountability for those who spread misinformation and attack the integrity of others.

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In this bellicose, rude, and coarse context, punctuated by swear words, which are in themselves injurious, and jumbled statements, I find that the defendant insinuates that she would be inducing the improper use of drugs.

This legal battle is one of several facing Allan dos Santos. He has been considered a fugitive since 2021, when the Supreme Federal Court (STF) issued a preventive arrest warrant against him for disseminating fake news. He has since resided in the United States, evading Brazilian justice. The confirmation of his conviction by the STJ is a significant development, reinforcing the Brazilian judiciary's stance against the abuse of free speech to harm reputations.

Estela Renner's lawyer, Flávia Rahal, celebrated the decision, stating, "The decision recognized the seriousness of the falsehoods directed by Allan dos Santos at Estela Renner and the importance of imposing limits on those who use freedom of expression as a shield to offend the honor of others with the sole intention of self-promotion." From the perspective of Folha de S.Paulo, this case underscores the ongoing struggle to balance freedom of expression with the protection of individual honor and the fight against disinformation. It highlights how digital platforms can be used to spread damaging falsehoods and the legal consequences that should follow, even for those residing abroad.

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The decision recognized the seriousness of the falsehoods directed by Allan dos Santos at Estela Renner and the importance of imposing limits on those who use freedom of expression as a shield to offend the honor of others with the sole intention of self-promotion.