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Judge Renato Acacio de Azevedo Borsanelli, of the Second Civil Court of São Paulo, ordered the former federal deputy and national president of the Brazilian Labor Party (PTB), Roberto Jefferson, to pay R $ 10,000 in compensation for moral damage to Minister Alexandre de Moraes, of the Supreme Federal Court, for statements considered offensive and false.
The lawsuit was filed by Alexandre after the former congressman declared, in press interviews, that the minister was a lawyer for the criminal faction First Capital Command (PCC) before being appointed a member of the STF. Jefferson said he would appeal the decision.
In the sentence handed down last week, the magistrate understood that the statements were based on a ‘false fact’ and exceeded the right of opinion.
“It is therefore possible to criticize the actions of public agents or politicians (the Author has been one of them for a long time), which must be done within the scope of the critic’s professional performance. You can (democratically) disagree with judicial decisions (using, of course, your own resources to demonstrate the insurgency). Finally, with a good education, within the law and with expertise in technical terms, it is possible to turn against the most varied acts of public agents and also politicians. Another thing, however, is, based on a non-existent fact, to make use of the aforementioned freedoms, in some way to insult, not the performance, but the agent’s own honor, whether public or political, “wrote the judge .
Roberto Jefferson is investigated in the investigation of false news, carried out by Alexandre in the Federal Supreme Court, which investigates the dissemination of false news, crimes and threats against the authorities. The politician became the subject of search and seizure orders and had profiles on social networks suspended by determination of the minister in the course of the investigations. With each diligence, the former deputy reacted with strong criticism: he called the Supreme Court ‘the Reich Court’, referring to the Nazi regime, and described Alexander’s orders as ‘tyranny’ and ‘censorship’.
Before that, the new government ally recommended that President Jair Bolsonaro fire all the STF ministers, although there is no legal basis for that. He then posted a photo on Twitter holding a gun and wrote: “I am preparing to fight the good fight. Against communism, against dictatorship, against tyranny, against traitors, against sellers of the country. Brazil above all. God above everything “.
“Apparently, the defendant does not agree with the decisions made by the plaintiff in the sphere of the Federal Supreme Court. This, in a Democratic State of Law, is absolutely normal and expected, given the multiple ways of thinking that embellish democracy. However, there is a legal way to protest against court decisions. And this is done in strict terms of the law ”, said Judge Renato Borsanelli.
WITH THE WORD, ROBERTO JEFFERSON
The president of the PTB, Roberto Jefferson, will appeal the sentence before the Court of Justice of São Paulo. Jefferson considers the conviction to be unjust and unreasonable, as it was based on widely publicized news stories and was not the author of any false news or offense to the minister’s honor. Roberto Jefferson will appeal the nullity of the sentence.
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