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Judge Fábio Dutra, of the First Civil Chamber of the Rio de Janeiro Court of Justice, denied an appeal filed by TV Globo and maintained a precautionary measure that prohibits the station from disclosing documents in the ‘cracking’ case that It involves Senator Flávio Bolsonaro (Republicans-RJ). The process is confidential.
In a statement, the station said that the court decision is a “restriction on the freedom to inform, since the investigation is in the interest of the entire society.” TV Globo also stated that it is evaluating the applicable legal measures.
The precautionary measure that prohibits the station from disclosing documents in the ‘cracked’ case was granted by Judge Cristina Serra Feijó, of the 33rd Civil Court of Rio, who alleged that there was a risk of damage to the ‘image’ of Flávio Bolsonaro if the pieces were shown on TV Globo. .
According to the magistrate, his decision “does not refer to freedom of the press”, but to “responsibility for the damage caused by the disclosure of documents and information.” She denies having committed censorship.
“Although the role of investigative journalism in the reconstruction and investigation of the facts is admirable, it collides with the limits of the crime to a very personal right,” said Feijó. “The undue exposure of a confidential document or the disclosure of information protected by confidentiality may compromise the health of the investigation.”
In addition to this, the plaintiff (Flávio Bolsonaro) occupies a relevant political position and the constant complaints, without any doubt, may have the power to affect his image as a public man and, in a transversal way, compromise his actions in favor of the State. who elected him senator, “said the judge.
The decision responded to the request of the senator’s defense, led by lawyers Rodrigo Roca and Luciana Pires. According to Flávio, the investigative reports on the case of TV Globo cracking ‘exceed’ the limits of press freedom ‘by showing confidential documents that instruct the investigative procedure’, such as bank statements and income tax returns, ‘drawing conclusions about assets and financial operations ».
Flávio Bolsonaro is being investigated for embezzlement, money laundering and criminal organization in an alleged scheme involving his then-adviser Fabrício Queiroz, who was fired in 2018, after the first signs of irregularities were revealed in the office of the president’s son . Queiroz was arrested in Atibaia (SP) in June and is under house arrest in Rio de Janeiro.
In August, Queiroz’s bank statements attached to the investigation revealed that Flávio’s former assistant deposited 21 checks made out to first lady Michelle Bolsonaro. The transactions date from October 2011 to December 2016, in amounts ranging from R $ 3,000 to R $ 4,000. Altogether, the checks total R $ 72 thousand.
A similar movement was discovered in the story of Márcia Aguiar, Queiroz’s wife. The records indicate that he deposited another six checks in the name of Michelle for the total amount of R $ 17,000.
Entities criticized the censorship while the judge allegedly made a technical decision
Following the decision, Judge Cristina Serra Feijó published a clarification note on the website of the Rio Magistrates Association about her decision that prohibited TV Globo from displaying documents from the ‘crackers’ case. According to her, the precautionary measure was “exclusively technical.”
“The decision is aimed at preserving the security of the investigation and the privacy of those involved,” he said, denying that it was censorship. “The decision does not determine the censorship of previously published content, much less the removal of reports from the air.”
The magistrate’s censorship provoked a strong reaction from the entities that defend press freedom. In a statement, the National Association of Newspapers (ANJ) criticized the censorship and said that the decision, which is “contrary to freedom of the press, restricts the right of society to be informed freely.” “This is even more serious when it comes to information of obvious public interest,” ANJ said.
The Brazilian Press Association compared the court order to an act of the military dictatorship that hampered press freedom in Brazil. “Press censorship seems to be becoming common in the country, as it existed at the time of the military dictatorship and the AI-5,” says ABI. “It is another blow to freedom of expression. It is urgent that the STF restore the rule of law.”
The president of the Brazilian Association of Investigative Journalism (Abraji), Marcelo Träsel, also criticized the censorship imposed by the Rio Justice.
“We consider any type of prior censorship in a democracy unacceptable, especially when the objective of the news coverage is a public person whose mandate was granted by vote, which forces him to be accountable to society. We did not have access to the sentence, but to a degree how that would require exceptional reasons to be justified, “he said. “The decision of the 33rd Civil Court of the TJRJ makes it difficult for journalists to cover serious complaints against Senator Flávio Bolsonaro, violating freedom of the press and the right to information.”
Senator Flávio Bolsonaro celebrated the measure. “I have nothing to hide and I explained everything in the file, but the narratives that the press invents to erode my image and that of President Jair Messias Bolsonaro are criminal. The judge understood that this is very detrimental to my defense. Wanting to attribute a behavior to me illegal, without due legal process, constitutes a crime capable of reparation, ”said the senator.
