The Council of State rejected as inadmissible a guardianship that he presented Leonardo Santo Petro Llorente on the occasion of the content of the song called ‘Perra’ and its respective video, by the singer Álvaro José Osorio Balvin, known as J Balvin.
(You may be interested: Censorship risk? The legal debate over the song ‘Perra’)
The guardianship was rejected because Petro Llorente, who claimed to act on behalf of the Afro-descendant communities, did not prove, “stated or proved to be a representative of a higher council of the aforementioned communities, did not declare to be or consider herself a woman, nor did she explain her particular and direct legitimate interest with the deprecated protection in favor of these.”
(You may be interested: Council of State studies a guardianship against J Balvin for the song ‘Perra’)
Petro Llorente asked for the protection of the fundamental rights to equality, non-discrimination, a good name, dignity and to the honor of the women he considered violated by the song and its video.
In his opinion, the song ‘Perra’ violated the fundamental rights invoked, because it contains “words directly and openly humiliating, sexist, racist, sexist, misogynists and against the dignity of the human person of women”.
The song, made with the rapper from the Dominican Republic Tokischa, He said:
(You may be interested: The defense of J Balvin before the Council of State for the song ‘Perra’)
“I’m a hot dog / ‘I’m looking for a dog to ‘stay hot’ / Hey, you’re a hot dog / And you’re looking for a dog to ‘stay hot'” is part of the controversial lyrics created jointly by both artists.
On October 17, 2021, the artist stepped down from YouTube the video of the song and on October 24 he published a video apologizing: “First I want to offer my apologies to all the people who felt offended, especially women and the black community.”
When studying the protection directed against the Presidency, J Balvin and the Ministry of the Interior, the Third Section said that although the lawyer Petro Llorente argued that he is a descendant of black communities, he did not provide proof of this and, therefore, he was not entitled to present the guardianship.
(You may be interested: Preventing the reproduction of the song ‘Perra’ would be censorship: MinCultura)
“(…) The race or skin color of the ancestors cannot serve as isolated criteria to prove the belonging of a person to a certain ethnic community,” says the ruling, indicating that the lawyer did not prove that these communities were unable to go to the Justice, a matter that justified his intervention.
“For the Chamber it is necessary to conclude that in the present case the legitimacy in the active cause of Leonardo Santo Petro Llorente to request the protection of the fundamental rights to equality, non-discrimination, good name, the dignity and to the honor of the black, Afro-descendant and Afro-Colombian communities, and of women”.
(You may be interested: J Balvin apologizes for the video of his song ‘Perra’)
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