Credit, BBC News Brasil
The São Paulo Civil Police is investigating the circumstances surrounding the recording and dissemination of images of former president Fernando Henrique Cardoso and the apartment where he lives, in the capital of São Paulo.
A video published on social media shows rooms in the property, furniture, personal objects and the former president, aged 95, sitting in an armchair.
Diagnosed with Alzheimer's, FHC had his ban ordered by the courts this year, at the request of his children, given the worsening of the disease. The son Paulo Henrique Cardoso was appointed curator of the former president. According to G1, from TV Globo, the appointment is based on a medical report and the agreement of other family members.
BBC News Brasil sought out FHC's family to comment on the case, but received no response.
Wesley Oliveira, 34, who recorded the images, told BBC News Brasil that his objective was to show that people with dementia can participate in meetings and appear in photos and videos.
He claims that he received authorization from Patrícia Kundrat, the former president's wife, to record and publish the material. Patrícia and FHC have been together since 2010. BBC News Brasil tried to interview her, but received no response.
Patrícia filed a police report and, according to a report published by Folha de S.Paulo, said she had authorized Wesley to enter the apartment, but not the filming or the dissemination of the images.
She told the police that the video was recorded in a moment of distraction and accused Wesley of exposing the former president in a vulnerable situation.
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An article from the Statute of the Elderly says that it is a crime to display or convey, through any means of communication, derogatory or insulting information or images, with a prison sentence of up to three years and a fine.
The São Paulo Public Security Secretariat reported that the case was initially registered as defamation in the 23rd Police District, in Perdizes. The 4th Police District, in Consolação, opened an investigation to investigate the facts based on the Elderly Persons Statute.
FHC's children also asked the São Paulo Public Ministry for a criminal investigation, according to Folha. The newspaper reported that the family reinforced security in the apartment after the images were circulated.
The reporter tried to speak to FHC's wife and her family, but received no response. When contacted by BBC News Brasil, the FHC Institute said it would not comment.
'There is no crime'
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In an interview with BBC News Brasil, Wesley stated that he sees no reason to worry about the investigation. "I took a selfie with him inside his house, where I was a guest," he told the reporter. "About the police, for me there is no reason to worry, because there is no crime."
Wesley told BBC News Brasil that her husband, Lessandro, has been friends with Patrícia for more than 30 years and that the two met at church. According to him, Lessandro is also a friend of FHC, and it was through him that he began to frequent the former president's house.
"I always went to his house, because Lessandro went there and I went with him", he told the reporter. Wesley stated that the coexistence also brought him closer to Patrícia and that there were many visits.
The influencer said he asked Patrícia for permission to record while the three talked and drank in the apartment. According to him, she agreed to the recording and publication, without establishing restrictions on the rooms or images that could be shown.
He told the reporter that the images were taken on different days, during recent visits, and that the scene in which he appears alongside FHC was recorded during the World Cup. Wesley also said that he watched the video with Patrícia before the repercussions.
The version contradicts the report that Patrícia presented to the police. Asked about proof of authorization, Wesley said that the conversation took place during the visit and that he did not think about recording it.
“She says she didn’t authorize it and I say she authorized it,” he told the reporter.
Wesley told BBC News Brasil that his father-in-law had dementia and that his husband had the experience of taking him to family gatherings. According to him, the video sought to show that a person with the disease maintains their dignity and can participate in life in society.
“She should not be made invisible because of a diagnosis,” he told the reporter.
Wesley said that he does not consider that he exposed FHC to ridicule. He also stated that he would not remove the video and that the publication was taken offline at the initiative of TikTok.
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