The vice-president of the (Superior Court of Justice), Luís Felipe Salomão, admitted the request for an appeal presented by Editora Três, owner of IstoÉ magazine, against the court ruling that granted compensation for moral damages to the former first lady. The case files were sent to the (Supreme Federal Court).
In February 2020, the magazine published a , which, according to the former first lady, .
In September last year, the STJ ordered IstoÉ magazine to pay R$30,000 to Michelle, while the journalist responsible would have to pay R$10,000.
Michelle’s defense stated that “free press is not the one that carries all types of news, but rather the one that brings relevant information to society”.
In the appeal request, Editora Três and the journalist state that provisions of the Constitution that guarantee the free expression of thought, free expression and access to information were violated, safeguarding the confidentiality of the source.
They argue that they did not exceed the right and freedom of the press, as they only narrated “the defendant’s personal matter [Michelle] who, as a public person, had relevant political repercussions and public interest.”
In the decision to admit the appeal and send the case to the STF, Salomão stated that, considering the “factual and evidentiary framework already outlined in the case, which does not require reanalysis of facts and evidence, as well as the existence of a discussion that has a constitutional scope, duly pre-questioned , the appeal admissibility requirements are met.”
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