The Court of Justice of São Paulo (TJSP) sentenced federal MP Nicolas Ferreira (PL-MG) to pay R$40,000 in compensation for moral damages to a transgender woman. In 2022, the then Belo Horizonte City Councilwoman called the woman in question “the man” after she revealed, in a video clip that spread on social media, that a beauty salon had refused to serve her. According to Nicholas, criticism of women’s complaints was linked to the public debate “about gender ideology,” without the intention of delegitimizing their dignity. There is still an appeal.
- “Lawyer, representative, attorney”: Who is the wife of Alexander Ramagem?
- Evangelical and Catholic seats in Congress express solidarity with Bolsonaro: “An elderly person in poor health”
In a decision published on Monday, Judge Andre Salvador Bezerra said Nicholas legitimized the discriminatory behavior the woman had suffered. According to the judge, since he is a person elected by popular vote, the parliamentarian “has a greater harmful potential towards the entire society, creating a real incentive for other institutions to discriminate against other transgender women throughout the country.”
In June 2022, the woman went to a beauty salon to have plastic surgery. But the institution refused the service, claiming that it only serves “biological women.” To report what happened, she posted a video on the social networking site TikTok, the content of which was shared by Nicholas.
The representative said, in statements that “ridiculed the struggle for equal treatment,” according to the decision: “This person here considers himself a woman, but he is a man, and he was claiming transphobia. So you are now forced to shave your penis, or otherwise, you are a transphobe.”
The author initially requested R$20,000, which was later increased to R$50,000. In the process, Nicholas’s defense stated that the republication of the video “was limited to the exercise of freedom of expression and political-ideological manifestations, without offenses directed at the author or discriminatory practices.”
According to the parliamentarian, the criticism directed at women’s complaints was linked to the public debate “about gender ideology,” without the intention of delegitimizing their dignity. Nicholas also claimed parliamentary immunity, which was rejected because it was not a declaration relevant to the exercise of his mandate.
“But what is the gender ideology mentioned by the accused? It is a term used by some religious groups, which insist on depriving people of their right to identify with a sex different from the one they were assigned at birth,” another excerpt said.
However, according to the decision, “there is no doubt that the author suffered pain that could be described as extraterritorial damages, with significant repercussions, caused by an elected state holder.” Nicholas will also have to pay expenses and procedural fees set at 10% of the total compensation.
In April this year, the Federal District Court sentenced Nicolas to pay 200,000 Brazilian reais in compensation for collective moral damage. The decision of Judge Priscilla Faria da Silva, of the 12th Civil Court of Brasilia, dealt with an episode in the plenary session of the Chamber, in 2023, in which the parliamentarian wore a wig during a speech on International Women’s Day.
The judge analyzed the measure presented by the National LGBT Alliance and the Brazilian Association of Transgender Families. The associations confirm that the representative spoke at the plenary session of the House of Representatives, on March 8, 2023, “in a sarcastic and insulting manner toward transgender people, as he wore a yellow wig and introduced himself as “Representative Nicole.”
In this case, the MP’s defense also maintained, throughout the process, that Nicholas’s demonstration was within parliamentary immunity and respected the right to freedom of expression.
At the time, the then Speaker of the House, Arthur Lira (PP-AL), criticized Nicolas’ action: “The plenary session of the House of Representatives is not a stage for show, let alone biased speeches. I will not admit disrespect towards anyone. Rep. Nicolas Ferreira deserves a public rebuke for his stance. To all who felt offended and humiliated, my solidarity.”
/i.s3.glbimg.com/v1/AUTH_da025474c0c44edd99332dddb09cabe8/internal_photos/bs/2023/4/4/S5yJIZTcqFsWis4U77pg/nikolas.png)
In 2024, Federal Representative Erika Hilton (PSOL-SP) filed a lawsuit against Nicholas due to the clash that occurred between them during the hearing of Minister Seda Gonçalves (Woman) in the Committee for the Defense of Women’s Rights of the House of Representatives. At the time, Nicholas questioned the gender identity of Erika, one of two transgender women with a mandate in the National Congress.
In the lawsuit, Erika asked for compensation of R$5 million due to transphobia. According to her, Nicholas posted excerpts of the discussion on his social networks, where he has millions of followers, who also insulted her. “Your transphobic statement not only perpetuates prejudice and discrimination, but also encourages hostile and aggressive behavior from the public,” an excerpt from the document said.