STJ postpones new trial of Xuxa Meneghel case; understand

The STJ (Superior Court of Justice) postponed this Monday (9) once again the trial of the case filed by publicist Léo Soltz against presenter Xuxa Meneghel. The action began in 2000, when the publicist sued Xuxa for copyright of Turma do Cabralzinho, which he claims was the inspiration for Turma da Xuxinha.

So far, Soltz has won in all instances, and what continues to be discussed in the STJ is the value of default interest and monetary correction related to the compensation. If corrected, the value could exceed 50 million reais. The Court has already definitively recognized the occurrence of copyright infringement.

Understand the process
The process involves the creation of the "Turma do Cabralzinho", a proposal presented by Soltz to the presenter's producer in 1999, as part of a commemorative project for the 500th anniversary of the discovery of Brazil. According to the businessman, the idea would have served as the basis for the creation of "Turma da Xuxinha", a character associated with Xuxa's children's projects.

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In the sentence settlement phase, an expert report indicated that material damages - including consequential damages and lost profits - would reach R$65.2 million. The value considers losses related to the use of creative elements and the commercial exploitation of the characters.

The decision also took into account that compensation for copyright infringement must repair the damage caused and discourage new infringements, but without generating unjust enrichment for either party.

During the trial at the STJ, the case's rapporteur, Minister Moura Ribeiro, voted to reduce the value of the sentence. According to him, default interest and monetary correction should be removed from the calculation, which would reduce the compensation to approximately R$3 million.

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*With information from Nicoly Bastos, from CNN Brasil.

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Source: CNN