Post by account_disabled on Mar 11, 2024 23:36:13 GMT -5
Seeing a violation of personality rights, the 31st Chamber of Private Law of the Court of Justice of São Paulo upheld the conviction of a real estate agency and the owner of a flat to pay compensation for moral damages to a transsexual woman who had the lease contract canceled shortly after moving into the property.
reproduction
Real Estate Reproduction and flat owner must compensate transsexual for moral damages
The repair was maintained at R$10,000. The author signed a rental contract for the flat with the brokerage of the real estate agency. However, one day after moving in, she Portugal Mobile Number List received news that the owner would no longer sign the contract and that the money paid as a deposit would be returned. Thus, she was forced to leave the flat.
It appears from the records that the incident was motivated by prejudice in relation to the author's gender identity. The appeal's rapporteur, judge Rosangela Telles, stated that the evidence "makes clear the prejudiced reasons" that led the defendants to break off negotiations with the author, configuring moral damage.
"In the audio made available, said co-contestant expressly states that 'last time he had said that he did not want to rent to transvestites', because it would be 'causing problems in the building'. He even states that he had already asked the real estate agency that 'transvestites' would not have access to the property, which is why I was very 'upset' with the situation", he said.
Furthermore, the judge highlighted that there was an impact on personality rights, as the author, coming from another state, had her expectations of residing in the capital of São Paulo frustrated due to prejudice. According to Telles, such conduct cannot be admitted in a Democratic State of Law.
"It is clearly noticeable that, by preventing the completion of the lease contract, the owner ended up reaffirming social stigmas in a perfidious way, restricting a subject's rights to his free business sphere and depriving him of access to property that would be intended for his temporary housing ", he added.
Rights of transsexuals
In her vote, the judge also stated that society cannot "turn a blind eye" to the rights of transgender people, a "subject of notorious importance" in her view.
"The science of psychology itself has been recognizing the identity dramas that involve transsexuality, seeking to treat it in an increasingly inclusive way, removing the negative burden of pathology or disorder that once affected the behavioral peculiarity. It is worth saying: there is a real process of depathologizing the phenomenon", he said.
Material damage
The judging panel only denied the request for compensation for moral damages. The author sought that the real estate agency and the flat owner pay for the period in which she stayed in a hotel after the termination of the rental contract.
For the judge, it is not a case of imposing such a sentence on the defendants, "especially because, regardless of where they were located, they would have to bear the costs of their accommodation (whether in the co-defendant's flat or elsewhere)". The decision was unanimous.