NOT FOR PROFIT – Court Rejects Fine Over Transgender Historian's Viral Twerk As No Commercial Motive Found

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A trans woman who sang and twerked during a university seminar has avoided a fine after a judge ruled there was no evidence she profited from the event or misused the institution’s name.

The incident took place during a gender and diversity seminar at the Federal University of Maranhao (UFMA) in Sao Luis, Brazil, on 17th October 2024.

Footage shows singer-songwriter and art historian Tertuliana Lustosa performing a track by her band, A Travestis, at the event before climbing onto a chair and exposing her backside while twerking in front of attendees.

Following public backlash and the viral spread of the video, UFMA sought a court order for Lustosa to pay a daily fine of BRL 5,000 (GBP 685) for allegedly damaging the university’s image and using its name for personal promotion, including the potential monetisation of adult content and book sales.

But Judge Eduardo Gomes Carqueija, sitting in the 3rd Civil Court of the Judicial Section of Bahia, rejected the request in a provisional decision in April, ruling that there was no current evidence Lustosa had used the university’s identity for promotional or commercial purposes.

He added: “There is no element that demonstrates, in a minimally certain way, the reiteration of the conduct or the maintenance of the behaviour deemed harmful.”

UFMA said it would appeal the decision and confirmed that it continues to seek BRL 20,000 (GBP 2,740) in compensation for alleged moral damages to the institution’s image, with that part of the case still ongoing.

The university had earlier described the incident as "an isolated act" but suspended all events involving the seminar’s organisers while investigations are carried out.

(Mike Leidig / newsX)


NewsX-UniDens-01.jpg
Copyright: @tertulianalustosa/NF/newsX
Description: Archive Picture | Tertuliana Lustosa poses in undated photo. She showed off her buttocks during a lecture at UFMA in Maranhao, Brazil. Note: Private photo taken from social media. (@tertulianalustosa/NF/newsX)

NewsX-UniDens-09.jpg
Copyright: @tertulianalustosa/NF/newsX
Description: Archive Picture | Singer and historian shows off her buttocks during a lecture at UFMA in Maranhao, Brazil, Thursday, Oct. 17, 2024. The institution said it is investigating the incident. Note: Photo a is screenshot from a video(@tertulianalustosa/NF/newsX)

NewsX-UniDens-03.jpg
Copyright: @tertulianalustosa/NF/newsX
Description: Archive Picture | Tertuliana Lustosa poses in undated photo. She showed off her buttocks during a lecture at UFMA in Maranhao, Brazil. Note: Private photo taken from social media. (@tertulianalustosa/NF/newsX)

NewsX-UniDens-04.jpg
Copyright: @tertulianalustosa/NF/newsX
Description: Archive Picture | Tertuliana Lustosa poses in undated photo. She showed off her buttocks during a lecture at UFMA in Maranhao, Brazil. Note: Private photo taken from social media. (@tertulianalustosa/NF/newsX)

NewsX-UniDens-05.jpg
Copyright: @tertulianalustosa/NF/newsX
Description: Archive Picture | Tertuliana Lustosa poses in undated photo. She showed off her buttocks during a lecture at UFMA in Maranhao, Brazil. Note: Private photo taken from social media. (@tertulianalustosa/NF/newsX)

NewsX-UniDens-06.jpg
Copyright: @tertulianalustosa/NF/newsX
Description: Archive Picture | Tertuliana Lustosa poses in undated photo. She showed off her buttocks during a lecture at UFMA in Maranhao, Brazil. Note: Private photo taken from social media. (@tertulianalustosa/NF/newsX)

NewsX-UniDens-02.jpg
Copyright: @tertulianalustosa/NF/newsX
Description: Archive Picture | Tertuliana Lustosa poses in undated photo. She showed off her buttocks during a lecture at UFMA in Maranhao, Brazil. Note: Private photo taken from social media. (@tertulianalustosa/NF/newsX)

NewsX-UniDens-07.jpg
Copyright: @tertulianalustosa/NF/newsX
Description: Archive Picture | Singer and historian shows off her buttocks during a lecture at UFMA in Maranhao, Brazil, Thursday, Oct. 17, 2024. The institution said it is investigating the incident. Note: Photo a is screenshot from a video(@tertulianalustosa/NF/newsX)

NewsX-UniDens-08.jpg
Copyright: @tertulianalustosa/NF/newsX
Description: Archive Picture | Singer and historian shows off her buttocks during a lecture at UFMA in Maranhao, Brazil, Thursday, Oct. 17, 2024. The institution said it is investigating the incident. Note: Photo a is screenshot from a video(@tertulianalustosa/NF/newsX)
 


NewsX-UniDens-01.mp4
Video Copyright: @tertulianalustosa/NF/newsX
Video Caption: Archive Video | Caption: Singer and historian shows off her buttocks during a lecture at UFMA in Maranhao, Brazil, Thursday, Oct. 17, 2024. The institution said it is investigating the incident. ***Video Licence Restrictions: NEWS MEDIA PORTALS ONLY. Usage on social media is possible but we offer no guarantees. This video is offered under our ‘social and local media source’ licence. For details see https://newsx.agency/licences/ For terms visit: https://newsflash.media
 

Byline Journalist: Mike Leidig

Byline Sub editor: Simona Kitanovska

Byline Spotter: Ivica Stojanovski

Byline Commisioning Editor: Mike Leidig

Byline Senior Writer: Mike Leidig

Byline Copychecker: Angela Trajkovska

Byline Illustrator: Angela Trajkovska

Byline News Editor: Mike Leidig

Geography: Maranhão

Subject: People, Musicians, Social media, Society

T4 Editor Story Rating: 7

T4 Editor Pic/Vid rating: 7

T4 Total rating: 7