This Monday, the investigating court number 5 of Sant Feliu de Llobregat filed the complaint against the TV3 program Està Passant for the controversial parody of the Virgen del Rocío that caused blisters last Holy Week. Those accused were Judit Martín, the actress who played the Virgin; Toni Soler, director and presenter of the program, and Jair Domínguez, co-presenter of the space.
According to the judge's resolution, the reported conduct "does not constitute a crime", since, "once it is confirmed that the gag is part of the scope of the content of the law and that its exercise has not been exceeded, it must be concluded that the conduct of those accused is protected by freedom of expression".
The judge maintains that "the gag was eminently satirical and had a clearly humorous intention" and that, in addition, during the live broadcast of the program, jokes were made "about issues that are present in the public debate." He also adds that "the impact on religious freedom", one of the arguments of the complainants, the Spanish Foundation of Christian Lawyers, was "minimal." "It has not prevented nor did it intend to prevent Catholic individuals and entities from exercising their right without any coercion, nor did it incite acts of hostility or violence towards them," the magistrate emphasizes.
The events took place on April 4, when the TV3 program did a satire in which the aforementioned actress appeared dressed as the Virgin of Rocío, with a baby doll in her arms simulating the baby Jesus, along with Soler and Domínguez, ironically with which the virgin does not go out in procession during Holy Week, in addition to making jokes about her sex life and her Andalusian accent.
The parody was especially controversial at the time, to the point that even the president of the Junta de Andalucía, Juanma Moreno, did not hide his discomfort, calling the gag "a lack of respect for Andalusia." Numerous religious entities also severely criticized the sketch.
