The defense of the presenter José Luiz took five months to be able to locate (PRTB) and allow the court to notify him to defend himself in the process of speech that preceded the chair in debate of the municipal election of 2024.
Candidates for mayor of last year, the two starred in one of the hottest moments of the campaign, when with a stool after a sequence of discussions at TV Cultura event.
Datena triggered the judiciary with a request of $ 100,000 for the offenses directed at him at the time. Marçal called him “” slang used in prisons for accused of rape, in reference to an old complaint of sexual harassment against the presenter.
In the action, filed last year, the then candidate emphasizes that the comments were made in national network and replicated on social networks, reaching thousands of people, making the video viral and shared several times.
The case, however, has been sideways since October, because bailiffs have failed to find the influencer at the addresses indicated by Datena’s defense in the early attempts. This only happened last week, according to procedural progress.
Lawyer Renata Soltanovitch, who represents the journalist in the process, did not respond to the attempt to contact. Lawyer Eduardo Leite, who is close to the presenter, said: “We follow the judiciary’s rite. We will not comment on issues that are sub judice.”
Marçal also does not find Datena
Datena is not the only one who cannot locate the former electoral adversary. Target of the chairs, Marçal also sued the presenter, demanding the same $ 100,000 of compensation, but for the chair itself.
Marçal’s defense says in the process that this was a “serious violation of the applicant’s personality rights, reaching his honor, his image and his physical and moral integrity, which gives rise to due reparation for moral damages and his public image.”
The address of those who are the subject of the process, individual, is always provided by the plaintiff. Quotations can be sent by letter, via post office, or fulfilled by a bailiff through warrants.
In the case of the demand filed by Marçal, letters and warrants were issued, but Datena was not found either. In the last attempt, specifically, it was pointed out that the address number does not exist. In another, that the presenter had changed.
Asked by Sheetthe lawyer representing Marçal in the action, Paulo Hamilton Siqueira Júnior, says this is a normal situation in court. “But we will mention,” he says.
The citation is important because it is the act by which the other party is called to integrate the process and respond to it properly. It can be done anywhere where the person is. Receiving refusal can be considered judicial disobedience.
Cassio Scarpinella Bueno, president of the Brazilian Institute of Procedural Law, says that it is up to the plaintiff to indicate the defendant’s media. The magistrate may, if applicable, admit alternatives, such as the citation from the publication of notices.
According to the lawyer, if the defendant is still not found, there must be the appointment of a dative defender, that is, who can exercise the defense in his name.
“It is essential to understand the citation as a fundamental right for the broad defense, constitutionally guaranteed, to be exercised. Process without citation is a null process and, as such, cannot progress,” says Bueno.
