Police in São Paulo are investigating the unauthorized filming and publication of videos showing former president Fernando Henrique Cardoso inside his home.
The 95-year-old, who has been under legal curatorship since earlier this year due to an Alzheimer’s diagnosis, appears in the footage alongside personal belongings and interior rooms of his apartment.
The investigation began after his wife, Patrícia Kundrat, filed a police report regarding the images. While she acknowledged authorizing the visitor’s entry into the residence, she denied consenting to the filming or the subsequent distribution of the material, according to reports from the BBC and Em.
The case was initially registered as defamation at the 23rd Police District in Perdizes. Authorities later transferred the matter to the 4th Police District in Consolação, which launched an inquiry based on the Statute of the Elderly. This law prohibits the dissemination of images that are considered derogatory or injurious to seniors.
Family members have requested that the Public Prosecutor’s Office of São Paulo conduct a criminal investigation into the matter. Following the circulation of the video, the family also increased security protocols at the apartment, according to reports cited by the media.
Wesley Oliveira, the 34-year-old who recorded the footage, maintains that he acted with permission and intended to highlight the inclusion of people with dementia in social life. He stated that he had frequented the home for some time through his husband, who has been friends with the couple for over three decades.
I took a selfie with him inside his house, where I was a guest,
Wesley Oliveira, the individual who recorded the images
Oliveira claimed that he and the former president’s wife discussed the recording while they were together in the apartment. He asserted that she agreed to both the filming and the publication of the content.
Regarding the police, for me there is no reason for concern, because there is no crime,
Wesley Oliveira, the individual who recorded the images
He stated that the video was removed from TikTok by the platform’s own initiative rather than by his own request. He further emphasized his view that individuals with cognitive diagnoses should not be hidden from society.
Experts suggest that while criminal charges related to the Statute of the Elderly may be difficult to substantiate, there is potential for civil litigation. Elisa Cruz, a professor at FGV Direito Rio, noted that the permission to enter a private home is distinct from the right to photograph and publish images of its occupants.
She indicated that because the former president is under legal curatorship, the unauthorized exposure of his private environment and condition could lead to a claim for damages. According to her assessment, the core issue lies in the lack of authorization for the public display of the former president’s living situation.