Court Rejects Immunity Claim in Erika Hilton Damages Case

Court Rejects Immunity Claim in Erika Hilton Damages Case
A São Paulo civil court has ordered federal Congressman André Fernandes to pay Congresswoman Erika Hilton R$50,000 in moral damages and permanently remove an Instagram video that used masculine references and her former registered name.

The dispute followed an exchange in Brazil’s Chamber of Deputies during debate over ending the 6x1 work schedule. Hilton said Fernandes had crossed the line by later publishing a video directed at her identity, while Fernandes argued that the post responded to her remarks about an old personal video and was connected to his parliamentary work.

Judge Guilherme Madeira Dezem rejected the immunity argument. Although lawmakers can be protected for statements linked to their mandates, the judge concluded that Fernandes’ video was independently recorded and shared outside the legislature, with no substantive connection to the policy debate. The ruling said Fernandes had made no “economic, labor, legal or budgetary argument” about reducing working hours, characterizing the post instead as a personal attack.

Both accounts report that Hilton initially sought R$30,000, but the court set damages at R$50,000 after weighing the conduct and the post’s reach. The decision also made the removal order permanent, with potential daily fines for noncompliance. Fernandes may appeal.

The reports differ chiefly in emphasis: one centers the court’s finding that political expression cannot shield civil wrongdoing, while the other details Fernandes’ account of the exchange and the broader litigation over the platform’s removal of the video. Both agree that the judge found the post fell outside parliamentary immunity.

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