Thabatta and his team were prohibited from using the establishment’s women’s bathroom
A shopping mall in the South Zone of Natal (RN) was ordered to compensate Thabatta Pimenta (PSOL), councilor of Carnaúba dos Dantas and pre-candidate for the same position in the capital of Rio Grande do Norte. The case dates back to September 2022, when Thabatta and her team were banned from using the establishment’s women’s bathroom because they were trans women. The situation was documented and shared on social media, strengthening the complaint.
The court decision was issued by the Rio Grande do Norte Court of Justice (TJRN) earlier this month, on April 5. During the process, Shopping Via Direta, where the incident occurred, argued that it could not be held responsible, claiming that “other customers complained about the presence of a man in the women’s bathroom, prompting a security guard to intervene.”
Despite this, judge Jussier Barbalho Campos, in charge of the case, contested this justification, stating that the video presented by Thabatta’s team – the only trans councilor in the Northeast – provided sufficient evidence about the conduct of the mall’s employees.
“Although there have been complaints from other women who used the women’s bathroom, it is clear that trans women have the right to use this space, and this should be communicated by the security team, should similar situations arise. It appears that the security team mall security was not prepared to deal with a complaint of this nature, resulting in significant embarrassment for the author”, declared the judge.
Initially, Thabatta requested compensation of R$40,000 for moral damages, but the judge reduced the amount to R$5,000, arguing that the amount could not be excessive to the point of constituting unjust enrichment, but also could not be so low as to point of not representing a punishment to the company. The decision can still be challenged.
The incident occurred on September 20, 2022, when Thabatta, then running for the position of federal deputy for the PSD, was carrying out leafleting near the Federal University of Rio Grande do Norte (UFRN), next to the shopping mall, and was prevented, along with with another trans activist, to use the bathroom.
By Ezatamentchy.
Source: Maxima
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