BBB 23: Lawyer specializing in women’s rights says it is necessary to ‘keep an eye’ on Gabriel

The abusive behavior on the part of the model Gabriel Tavares in his relationship with the actress Bruna Griphao within the BBB 23 drew the attention of fans, internet users and also the lawyer specializing in women’s rights and former prosecutor Gabriela Manssur.

In an interview with F5, she claims that Gabriel’s change in attitude after his behavior was disclosed and the threat of “popping his elbows” in Bruna’s mouth is not surprising, and that it is necessary to “keep an eye” on the coexistence of the two from now on. Gabriel has already apologized and said that now he is a new person.

The lawyer explains that it would still be premature to label Gabriel’s disrespectful comments and aggressive attitudes (he even pushed Bruna) as a crime of psychological violence against women. “For that, she would have to undergo tests that prove a physical and/or emotional shock resulting from such episodes.” Despite this, she adds, it is not possible to rule out the possibility that anyone could file a complaint and that the Public Prosecutor’s Office would accept opening an investigation against the participant, since everything was shown on TV. According to Manssur, Bruna herself could ask for a protective measure against the boy inside the reality if she feels threatened by him again.

And Globo, which has already had to deal with some similar cases, would have to expel him immediately so as not to be framed as omissive and negligent. “Every person has the ability to manage their own lives. Except if we see that at that moment the victim is incapable of realizing the risk he/she is running”, he warns.

According to the lawyer, who has been closely following the unfolding of this case within reality, Gabriel’s change of attitude after Tadeu Schmidt’s intervention was already expected. “Often these people play the victim, blame the woman and start showing affection towards everyone to convey the image of a ‘good guy’ or someone who has been wronged”, adds the president of the Justiça de Saia institute. Read the interview below.

Do you see any crime committed by Gabriel in his relationship with Bruna within BBB 23?

We have seen an abusive relationship. For this to be considered a crime of psychological violence, it must be evident that the acts committed resulted in some emotional damage or harm to the physical, mental or social health of the victim. It needs materiality of the crime, and this can be proven through expert reports, psychological examinations and even by witnesses. This proof is important, in my opinion, so that there is no trivialization, that is, that anyone can sue the other for a simple discussion, relationship breakup without abusiveness or violence.

If it is proven that there was emotional and/or physical damage, what would be the penalty?

The penalty would be imprisonment from six months to two years, plus compensation for moral and property damage (if any) and a fine. In the specific case of BBB 23, if the competent authorities see fit to initiate an inquiry and investigate the model for the crime of psychological violence, this could be done regardless of the representation of the victim. She does not need to express a willingness to file a lawsuit. The entire case has been broadcast on national television.

Could Gabriel be arrested?

In cases like this, it only goes to a closed regime when the crime penalty is greater than eight years, which is not the case of psychological violence, whose penalty is six months to two years. So it would be a conviction without an agreement in the criminal sphere, which does not prevent an agreement on possible compensation. But this does not ‘erase the crime’. Furthermore, the defendant would lose priority.

If an inquiry were opened, what would be the dynamics of this action against Gabriel? Can anyone report?

Any person or authority can forward the complaint to the Public Prosecutor’s Office of the place of the facts, in this case, Rio de Janeiro, for evaluation whether or not to open an investigation. But, I repeat: for it to be a crime, the victim would have to prove psychological and physical harm.

Globo has a history of moments of violence against women in reality shows.

Yes, there have always been episodes of violence against women, many of these situations led to the expulsion of the man involved. We saw this happen with surgeon Marcos Harter [BBB 17]. And Globo intervened publicly. If she had not taken measures, she could have been held responsible from a civil point of view and even in the labor sphere, depending on what the contract between the channel and the participants said. In case of doing nothing, the broadcaster can be framed as negligent and silent in the face of violence in the workplace.

How do you see the station’s attitude in this case and in those that have already occurred?

The broadcaster can always be penalized for damage it has caused. By making a public demonstration, as he did in the case of Gabriel and Bruna, he gets rid of it. Thaddeus’ posture [Schmidt, apresentador do BBB] and the station was perfect and punctual. In one way or another, the channel fulfilled the role of alerting and preventing more serious situations.

Gabriel and Bruna walked away. But if he returns to demonstrate abusive behavior, what can happen?

If he does not conform to the breakup of the relationship, is intimidating and endangering the physical and psychological health of the actress, she can even ask for an urgent protective measure against him from within the reality. And if granted, Gabriel would have to be expelled from the program immediately. She can do that, but she would have to notify those responsible for the program.

We saw a drastic change in Gabriel’s stance on BBB 23 after his behavior came to light. Does this often happen?

These people often play the victim, blame the woman and start showing affection and care to everyone with the aim of passing on the image of a ‘good guy’ or someone who has been wronged. You have to keep an eye out. The facts committed are not erased with behavioral change. Maybe you really want to change, only time will tell. It is necessary to observe his behavior, if it is in fact a change or a manipulation. If it’s not change, one hour the mask falls off.