Influencer is convicted of defaming ex on Grindr and Instagram

The court replaced the sentence with provision of services to the community for the same period. Oliveira was also sentenced to pay a 35-day fine, calculated at the legal minimum value. The decision is of first instance and can still be challenged by appeal. In a statement, Oliveira's advisor stated that he respects the sentence, but will appeal. The defense highlighted that the conviction is not yet final and the influencer will continue to exercise his right to defense.

The defense also said that accusations of persecution or threats are not part of the conviction and stated that these conducts are not the subject of another case.

The sentence was signed on Tuesday (11) by judge Fabíola Oliveira Silva, from the 16th Criminal Court of the Central Criminal Forum of Barra Funda.

According to the decision, Oliveira sent messages with false information about Palhares through anonymous accounts on both platforms. The court recognized three crimes of defamation.

In one of the messages, sent by Grindr, an LGBTQIA+ dating app, the influencer allegedly sent a photograph of his ex-partner and stated that he was "perpetrating scams in general" in the region. The content was received by an acquaintance of Palhares, who alerted him.

Two other messages were sent to men who had had a relationship with Palhares. In one of them, the profile author stated that he spoke badly about an ex-boyfriend, called him abusive and said that he had lent money that had not been returned.

In testimony, Palhares stated that he had a ten-month relationship with Oliveira and learned about the use of his images in the applications after the breakup.

The identification of the profiles occurred after a civil action determined the breach of confidentiality of data maintained by Grindr and Meta, responsible for Instagram. According to the sentence, the technical records linked the accesses to Oliveira's IP address and devices, in addition to pointing out a location close to his residence.

Oliveira admitted being responsible for the accounts and having sent the messages, but denied the intention to offend his ex-partner. During interrogation, he stated that he went too far in venting and said that he had been in a "toxic" and "extremely abusive" relationship.

The influencer also reported that, during the process, he was exposed to personal data, with documents, addresses and passwords leaked, in addition to attempts to invade his Instagram profile.

The defense asked for acquittal due to lack of intention to defame and argued that the digital evidence would be null and void due to a break in the chain of custody. The judge rejected both arguments.

For the judge, the messages were intended to affect Palhares' reputation and could not be considered mere outbursts.

The base penalty was established at three months of detention and a ten-day fine. The judge recognized the spontaneous confession, but kept the punishment at a legal minimum. Afterwards, the sentence was tripled because the crimes were committed and publicized on digital platforms.

The court denied the request for Oliveira to compensate Palhares for the alleged psychological damages. The judge considered that not enough evidence was produced to demonstrate the relationship between the crimes and the damage and stated that the discussion could be taken to the civil sphere.

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