STJ to decide on indemnity against Xuxa over Turma da Xuxinha

The Superior Court of Justice (STJ) will rule on March 10 on the amount of an indemnity in a 26-year lawsuit against Xuxa Meneghel, involving alleged plagiarism in creating Turma da Xuxinha. The case pits the presenter against businessman Leonardo Soltz, who accuses her company of improper appropriation of characters from A Turma do Cabralzinho. The first instance recognized the need for payment, but the disputed amount ranges from R$ 3 million to R$ 60 million.

The judgment at the Superior Court of Justice (STJ) is scheduled for March 10 in the Third Chamber of the court, and it will determine the fate of a 26-year lawsuit between Xuxa Meneghel and businessman Leonardo Soltz. The process began in the Rio de Janeiro Court of Justice and involves accusations that Xuxa Promoções e Produções company improperly appropriated visual and sensory elements from the characters of “A Turma do Cabralzinho”, created by Soltz to commemorate the 500th anniversary of the Portuguese arrival in Brazil, to form “Turma da Xuxinha”.

In the first instance, it was decided that there is a need for indemnity for the use of these references. However, the amount is the point of controversy: it could reach R$ 60 million, including monetary corrections. The reporting minister at the STJ, Moura Ribeiro, voted to reduce it to about R$ 3 million, excluding late payment interest and monetary correction.

Soltz appealed requesting recognition of emergent damages and the full amount of lost profits as calculated by the expert. Xuxa's company alleges an error in the expertise, which considered 21 months of promotion instead of 11, and argues that it obtained no revenue from magazines or toys in the Baruel campaign, which licensed the characters. The company seeks suspension of the R$ 60 million condemnation.

In the session, starting at 2 PM, there will be oral arguments by Anna Maria da Trindade dos Reis, representing Xuxa's company, and Ricardo Loretti Henrici, for Soltz. The case highlights long-standing disputes in the Brazilian Judiciary over copyrights in children's productions.

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