The confirmed the closure of the investigation opened last year to investigate whether comedian Bruno Lambert committed a crime by making a “joke” with wheelchair users during a stand-up performance.
The comedian stated: “Have you ever fucked a wheelchair user? Me either. Do you know why? Because it can’t. I put her on all fours, she withered. Then, you had to take it here, put it down. It looks like CrossFit, understand?”
The investigation was opened following a representation from the deputy to the Public Ministry. The candidate for Mayor of São Paulo alleged that Lambert’s statements are sexist, discriminatory and violate the Statute of Persons with Disabilities.
The Fifth Panel of the STJ unanimously confirmed the monocratic decision of Minister Reynaldo Fonseca who, last month, ordered the investigation to be suspended as he considered that there was no intention to offend.
“The context portrayed does not in itself reveal the specific intent, but, on the contrary, its absence. The fact that it is a stand up comedy show already denotes the presumption of the animus jocandi”, defended the minister when voting to maintain his own decision.
The trial concluded last Monday, 16th, in the virtual plenary session of the STJ. In this modality, ministers record votes on the online platform, without in-person or videoconference debate.
Lawyers Luiz Felipe da Rocha Azevedo Panelli and Catalina Soifer, who represent the comedian, claimed in the process that “it is up to society and the spectators of a given show to judge a joke or a comedian, but it is not up to any state authority to exercise censorship”.
Luiz Felipe da Rocha Azevedo Panelli states that “a joke should not give rise to criminal prosecution”. “Whoever doesn’t like a joke, an idea, a thought, must show their dissatisfaction in the field of criticism, public debate and the free market of ideas. A society that persecutes comedians is very sick.”
The Federal Public Ministry defends the resumption of the investigation. The body claims that there is “public interest in the complete investigation of the facts”. In the MP’s assessment, Bruno Lambert may be subject to discrimination against people with disabilities. “As for the intention of practicing discrimination, this is a subjective element that must be investigated with caution”, claims the Public Prosecutor’s Office.
Ableism is prejudice against people with disabilities. The Statute of Persons with Disabilities provides for a penalty of one to three years in prison for anyone who “practices, induces or incites discrimination against a person due to their disability”.
