Gilberto Barros is sentenced to two years in prison for the crime of homophobia

Presenter Gilberto Barros, known as Leão, was sentenced by the Court of Justice of São Paulo (TJ-SP) to two years in prison after homophobic statements on his YouTube program in September 2020. The news was released by Folha de S.Paulo columnist Mônica Bergamo.

According to Mônica, Judge Roberta Hallage Gondim Teixeira, who handed down the sentence, replaced the deprivation of liberty with restrictive measures, since Gilberto is a first-time offender and the sentence is less than four years. The presenter will have to perform community service for two years and must pay five minimum wages, which will be used to buy basic food baskets for social organizations. According to the journalist, the decision is still subject to appeal.

_{Presenter Gilberto Barros Photo. Reproduction/Facebook}

In the video that led to his conviction, Gilberto spoke about the 70 years of Brazilian TV and recalled when he worked at Rádio Globo in the 1980s. According to him, at the time, he had to witness “two-moustached tongue kiss”as there was a nightclub aimed at the LGBTQIA+ public across the street. “I have nothing against it, but I also vomit. I'm a person, especially coming from the countryside. Nowadays, if you want to do it in front of me, do it. It takes both of us, but do it.”declared Barros.

The presenter's defense denied the accusation, but confirmed Gilberto's statements. The lawyers said that the defendant was embarrassed by the situation, as he had always used his art or craft to improve the country. They also justified it by saying that due to his Italian blood, Barros tends to talk a lot, but he never intended to incite violence.

The judge in the case stated that there was aggression in the speeches used, discriminating against homosexuals, especially due to the use of the word “disgust”reaching the LGBTQIA+ community. “The accused's verbal statement is in line with the practice and induction of discrimination and prejudice based on sexual orientation, and there is no talk of freedom of expression as this does not encompass hate speech”says the judge.

Journalist Willian De Lucca was the one who reported Gilberto Barros to the Public Prosecutor's Office of São Paulo (MP-SP). Lawyer Dimitri Sales, who represented Willian along with fellow lawyer Fernanda Nigro in the case, said that the decision is extremely important because it protects the rights of the LGBT population, rejecting comments and behavior that encourage hatred and violence.

Featured Photo: Presenter Gilberto Barros. Reproduction: Youtube.