TRF-4 condemns Edir Macedo and TV Record to pay R$1.5 million per homophobic speech

The Federal Regional Court of the 4th Region (TRF4) has ruled that Bishop Edir Macedo and TV Record must pay R$1.5 million in collective moral damages for a speech deemed homophobic. The decision, issued on Tuesday, upheld the original ruling from the 10th Federal Court of Porto Alegre, which had previously condemned Macedo and the television station for their roles in a controversial statement made during a special Christmas program in 2022. The amount will be directed to the Defense Fund for Diffuse Rights. The judgment also permits further appeals to the Supreme Federal Court (STF) and the Superior Court of Justice (STJ).

The incident occurred on December 24, 2022, when Macedo made a statement during a TV Record broadcast, asserting that “no one is born a homosexual, no one is born a lesbian.” The statement was filed as a legal action on December 26, 2022, by the LGBTI+ National Alliance, Nuances (Group by Livre Expressão Sexual), ABRAFH (Associação Brasileira de Famílias Homotransafetivas), and the Federal Public Prosecutor’s Office (MPF). The plaintiffs argued that the remarks crossed the bounds of free expression and promoted intolerance toward the LGBTQIA+ community.

In the initial ruling on November 13, 2024, the 10th Federal Court of Porto Alegre had partially condemned Macedo to pay R$500,000 and TV Record to R$300,000, while acquitting the Union. The TRF4’s appellate decision increased the compensation to R$1 million for Macedo and R$500,000 for TV Record. The defense of TV Record, led by lawyer Rogério Machado, maintained that the station was not responsible for the content, as the program was broadcast live and could not be edited. Machado noted that the company promptly complied with court orders to remove the material after being subpoenaed.

Alice Hertzog Resadori, a representative of Nuances, emphasized the gravity of the statement, arguing that linking homosexuality to evil ideas could normalize violence. She pointed out that the speech was broadcast nationally by a major television network and delivered by a religious leader with significant social influence. The statement, made during a widely watched Christmas program, was seen as having a broad and harmful impact on public perception.

The legal proceedings highlight the tension between free speech and the responsibility of public figures to avoid language that promotes intolerance. The case underscores the role of media in shaping societal attitudes and the potential consequences of inflammatory rhetoric. As the case moves forward, it continues to draw attention to the intersection of faith, public discourse, and human rights. Micah 6:8 reminds us to act justly, love mercy, and walk humbly with God, principles that should guide both the accused and the accusers in seeking truth and reconciliation.

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