Two women sunbathing without a bikini top, outside a house, were denounced to the police for allegedly producing pornographic material, in São Miguel do Gostoso, a municipality on the northern coast of Rio Grande do Sul. The man who filed the complaint lives in a two-story house across from where they were staying and allegedly broke into the house next door.
According to 35-year-old audiovisual producer Marana Torrezani, she and three other friends were sunning themselves in the pool at the house — which belongs to a couple of journalists who are friends with the producer. Two women were in the water with their bikini tops off when the man stepped through the gate.
“He invaded, upset, screaming and saying that we were making a pornographic film. Then, we managed to get him to leave,” says Marana.
According to the report, about two hours after the incident, three civil police officers went to the scene and also invaded the residence. “We heard a noise at the gate and we thought it was the neighbor again, but it was the police. They broke down the gate. They were very angry, they couldn’t talk properly. They said we had committed a crime of sexual harassment and that we were arrested in the act “, he said.
According to Torrezani, the bathroom where one of the women was was also invaded.
According to the producer, only after much discussion did the police impose an agreement to leave the house. “They said they would leave if we wore the bikini, but that the neighbor would continue to watch from the window. That if he saw someone without a bikini, the police would come in again and take us to the police station,” he said, disgusted.
The producer also claims that the neighbor, who was not identified, recorded videos of the women in the pool without authorization and forwarded them to WhatsApp groups in the city.
The civil police press office informed the UOL that such an occurrence was recorded on the same day and on the same street reported by Torrezani. In the police version, two men would be without clothes. In a statement, the police said the incident was resolved on the spot.
“The Civil Police of Rio Grande do Norte informs that, on September 7th, the team of the Mobile Police located in São Miguel do Gostoso was called for an occurrence in which occupants of a property next to the complainant were naked in the pool area of a building, which could be viewed from the complainant’s first floor. After the appearance of the police, the occupants of the property complied with the team’s request, and the occurrence was resolved on the spot.”
On social networks, the producer showed indignation with the case: “The 60s, Leila Diniz was topless AT IPANEMA BEACH. I can’t believe what Brazil has become. I was inside and someone threatened to kill me literally for sunbathing. “.
law and freedom
According to lawyer Maruska Lucena, in Brazil, topless practice is not a crime, but she says that other issues should also be pointed out.
“It can be framed as a crime of sexual harassment, typified in article 233 of the Penal Code, which is understood to be that obscene act performed in a public or open place or exposed to the public.”
The discussion follows another logic when entering the private environment, such as a residence with a swimming pool.
“In the context of what happened, there is a second point: is a residence a public place? No. It is a private property, with restricted use. Therefore, it does not fit into the concept of common use, possession of all. Therefore, in my opinion, topless at home does not constitute a crime of sexual harassment, but rather a custom of a family that performs it at home, within the limits established by law,” argues Maruska.
My house, my rules?
According to real estate lawyer Tiago Oliveira, as property rights are not absolute, it is not because you are within the walls of your home that you can do whatever you want. He reinforces that, however, the law has subjective terms, such as “good customs”.
“See that there is an obligation to use real estate respecting good customs. This could include the situation of nudity. The law has understood that you cannot publicly display yourself, naked, even if you are indoors. The limit is to use the space without offending morality. But the challenge is to understand what is interpreted as morality and good customs,” explains the lawyer.