Businessman Luciano Hang, owner of the Havan store chain, has been convicted by the Court of Justice of Rio Grande do Sul (TJ-RS) for insult and defamation against architect Humberto Hickel.
The initial sentence was one year and four months in prison in a closed regime, plus four months of detention in an open regime. A fine of approximately R$ 208,000 was also imposed.
However, the measures were replaced by the 1st Special Criminal Chamber of the TJ-RS with community service and payment of compensation to Hickel in the amount of R$ 36,300, equivalent to 35 minimum wages in effect at the time the insult and defamation occurred, in the year 2020.
The businessman’s defense can still appeal the decision.
“Leftist lunatic”
The conviction relates to an incident that occurred in 2020, when the architect initiated a petition against the installation of the Statue of Liberty, a symbol of Havan, in the municipality of Canela, in the interior of Rio Grande do Sul.
At that time, Hickel argued that the structure would negatively impact urban planning and the local economy due to competition with smaller merchants.
Hang responded to the statement with a video published on his social media, in which he calls Hickel a “leftist lunatic” and “one of the ‘he doesn’t’ crowd,” in addition to claiming that the architect “loves the MST” (Landless Workers’ Movement) and saying he should “go to Cuba where he was born.”
The understanding of the judges of the 1st Chamber was that the statements could damage the public and professional image of the architect, going beyond mere political disagreement.
“The expressions used by the defendant, such as ‘leftist lunatic’ and ‘go to Cuba where you were born,’ are clear examples of derogatory and dishonorable language that do not contribute to constructive discussion,” stated Judge Viviane de Faria Miranda.
“This is not a political debate, but rather different points of view regarding the urban impact on the city of Canela. The use of pejorative and offensive terms, especially in a public context, aggravates the situation, as it aims to expose the complainant to contempt and humiliation,” she concluded.
The judge also defended that the video published by Hang “exceeds the limits of legitimate public debate,” and that “freedom of expression does not constitute freedom to assault.”
What Luciano Hang says
In a statement to CNN, Hang’s advisory team stated that the incident happened four years ago, “when, upon installing the Statue of Liberty in front of the store in Canela (RS), architect Humberto Hickel initiated a petition against it.”
In a comment, the businessman remarked that “he did not receive support in the city; indeed, people from outside the country signed that petition, nobody paid attention to him, and I made a video about it at the time.”
Regarding the lawsuit, Hang mentions that “in the first instance, we won. The Public Ministry agreed that calling him a leftist lunatic would not be reason to criminalize it, being a political debate. But the Court of Justice of Rio Grande do Sul acted differently and considered it a crime, because the local population was against the guy’s position. But we will appeal the decision.”
He further concludes by saying that “he continues with a clear conscience that he merely exercised his right to freedom of expression, expressing his opinion.”
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