The case of undue exposure, by columnist Leo Dias, of an actress who sent a child for donation after a pregnancy resulting from rape revived debates about the rights of women in situations of sexual violation and also about the right to privacy of those who choose by legal abortion or adoption.
The discussion, which took to social networks this weekend, was stimulated by a succession of facts that exposed the victim, actress Karla Castanho, who ended up revealing her own identity this weekend, by making an outburst via Instagram. The artist had some of her information about the case initially mentioned by Leo Dias on the 16th, during her participation in Danilo Gentili’s program.
At the time, the columnist, without mentioning the name of the actress, mentioned information that gave clues to the case and helped to criminalize the victim. “It’s not a happy thing. It’s very dense. The karma will be great”, he mentioned, while also prophesying that “the story will come” and that the case would be a kind of “evil”. social networks, leading the discussion to the name of Karla Castanho.
“This case reveals that there is a huge lack of sensitivity towards women who have been raped in Brazil, and that lack of sensitivity is perverse, merciless. We are talking about a very serious issue”, says the director of the Patrícia Galvão Institute, Jacira Melo, an entity that works with the topic of gender violence.
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“Klara, in fact, reveals herself to be a brave woman, as well as hundreds of others who are victims of rape in Brazil. Every woman who becomes pregnant after rape has the right to privacy, the right to put the child up for adoption, if she chooses, and the right to terminate the pregnancy. This has been foreseen in the Penal Code since 1940, that is, for 82 years”, emphasizes Jacira.
legal protection
Maria Cristine Lindoso, a doctoral researcher in Law at the University of Brasília (UnB) and professor at the Brazilian Institute of Teaching, Development and Research (IDP) in Brasília, underlines that, by the legislation in force in the countryevery citizen has the right to data protection.
The inviolability of this type of information is guaranteed by the Federal Constitution, which provides for the right to privacy, and also by article 21 of the Civil Code, which specifically provides for the inviolability of private life. This guarantee is also expressed in the General Data Protection Law (nº 13.709/2018).
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“Her case is more interesting because it involves medical data, which are understood as sensitive personal data, are protected by law in a different way precisely because of the risk they can bring, because of the discriminatory potential, for the depth of the invasion of privacy that they can bring” , explains Lindoso.
In the media exposure of the case, Leo Dias even published in his column information such as the sex of the baby, the date of birth and the hospital where the child was born, breaking through different barriers that protect the privacy of those involved and facilitating the identification of the mother and the son. After the negative repercussion, the columnist took the link off the air on the Metrópoles website.
“Without a doubt, it is a civil offense and can generate compensation for material and moral damages, without a shadow of a doubt, not only for the woman but also for the people eventually harmed by it. This is the case of children, who can have their personality rights protected by their adoptive parents, for example”, explains Maria Cristine Lindoso.
The expert adds that the voluntary delivery of the baby for adoption is provided for in the Child and Adolescent Statute (ECA).
Journalism
Also noteworthy in this case is the fact that the data conveyed by the columnist are not of relevant public interest, an aspect considered elementary and conditional for journalistic work. The researcher emphasizes that the Brazilian justice system already has a solid understanding of this matter and that is why it is usually receptive in cases of complaints that point to misconduct.
“Journalistic activity is also guided by constitutional principles, by the bias of information, etc., and the duty to indemnify is not necessarily given only for the violation of data, but also for the lack of journalistic commitment in the report and in its form of dissemination, for that would be compensation.”
insensitivity
The case of Klara Castanho became the target of a series of internet users who embarked on the wave of condemnation of the artist. To speak publicly about the casethe artist made an outburst that attracted attention on social networks this weekend.
In a harsh account, she said she had been a victim of sexual violence, said she discovered the pregnancy shortly before the child was born and said she chose the donation because she understood that this would be “a supreme act of care” and for not being able to afford it. move on with the baby.
“This is the most difficult story of my life. I thought I would take this pain and this weight with me alone. Between the moment I found out about the pregnancy and the delivery, a few days passed. It was too much to process, to accept and to take the attitude that I consider most dignified and human,” said Karla.
“I looked for a lawyer and, knowing the process, I made the decision to make a direct delivery for adoption. I went through all the procedures: psychologist, Public Ministry, judge, hearing – all the mandatory steps. A process that, by the law itself, guarantees confidentiality for me and for the child,” she said, saying that she still had to deal with the lack of empathy of the doctor who attended her and a nurse.
“She asked questions and threatened: ‘Imagine if such a columnist discovers this story’”, reported Klara, whose plot is marked by the lack of protection on the part of those who work in the chain of care for women victims of violence.
The victim says that she was contacted by the media shortly after giving birth. “When I got to the room, there were already messages from the columnist, with all the information. He just didn’t know about the rape. I was still under the anesthesia. I didn’t have time to process everything I was experiencing, to understand, such was the pain I was feeling. I talked to him, explained everything that had happened to me. He promised not to publish,” she said, further mentioning that she was also approached by another columnist.
“Just the fact that they knew shows that the professionals who should have protected me in a moment of extreme pain and vulnerability, who have a legal obligation to respect the confidentiality of delivery, were not ethical, nor did they have respect for me or for the child. ”, said the actress.
“This can be considered psychological violence at the time of childbirth”, attributes Maria Cristine Lindoso.
Leo Dias
After the latest developments in the case, with the public outburst of Klara Castanho, which came to light on Saturday (25), the columnist shared a post by journalist Lilian Tahan regretting the exposure.
“I was down for a few hours. Upon returning, a very sad surprise. We have unacceptably exposed the data of a woman victim of brutal violence. The article was removed from the air”, said the executive director of Metrópoles, a portal in Brasilia that houses the journalist’s column.
This Sunday afternoon (26), Dias published a note in the column apologizing to the actress for what happened. “I was wrong to post about Klara. Even though I didn’t reveal the story, I recognize that I have no idea of her pain and I apologize. She was cowardly exposed. I am aware of that,” she said.
Editing: Nicolau Soares
