Court denies request from man exposed for infidelity in video recorded by his wife in Rio Grande do Sul.
In the lawsuit, Schemmer claimed to have suffered moral damages as a result of the video's release.
247 - The Justice Department of Rio Grande do Sul rejected the request to remove a video in which Rafael Schemmer is exposed for infidelity by his own wife, Natália Knak, during a family gathering. The decision was issued last Tuesday (15) by Judge João Gilberto Engelmann, of the Judicial Court of the District of Ibirubá, and released by the State Court of Justice. The information is from the portal Metropolis.
In the lawsuit, Schemmer claimed to have suffered moral damages from the release of the video, which went viral on social media by revealing, in a "gender reveal" format, a series of infidelities he had committed. He urgently requested the removal of the content and compensation for undue exposure.
Upon reviewing the request, the magistrate concluded that there is no "practical feasibility" for removing the video, since the material is already widely circulating on different platforms. "Given the presented scenario, it is not possible to suppress all information about the facts in all media outlets, particularly on social networks, where the media originally disseminated by the defendant already has widespread reach," the judge argued.
The magistrate also considered that the plaintiff himself had publicly commented on the case, which, according to him, contributes to the continued circulation of the content. Although he acknowledged the possibility of investigating "any abuse of rights on the part of the defendant" in the future, the judge stressed that, at the current stage of the proceedings, there is no justification for restricting the dissemination of the videos or statements related to the case. According to a note from the TJRS (Court of Justice of Rio Grande do Sul), the magistrate assessed that the widespread dissemination and constant reproduction of new versions of the video, many in satirical or montage format, make "jurisdiction impracticable in this specific case."
Public exposure and family upheaval
The case gained national attention after Natália Knak gathered family members for an apparently intimate celebration in the interior of Rio Grande do Sul. What seemed to be a special announcement turned out to be a public denunciation: Natália revealed that her husband was having an affair with a woman named Jéssica, with whom he allegedly had a child. Following this, the wife confronted her mother-in-law, revealing text message exchanges in which she was called "ugly and messy."
According to Natália, she gained access to Rafael's cell phone, where she found evidence of other extramarital affairs with women identified as Milena and Marla. The recording of the moment went viral on social media, generating millions of views and national repercussions. The way Natália exposed the case drew attention for combining elements typical of family celebrations with a personal accusation of infidelity, generating debates about the limits of privacy and public exposure.