The TJDFT (Court of Justice and Territories) determined the removal of publications from against former first lady, calling her former program gang and associating her family to people who would have criminal records.
The decision was issued by Judge Álvaro Ciarlini, from the 2nd Civil Class, in action filed against theonia Mikaelly Pereira de Sousa and Francisco de Paiva Vasconcelos. This Sunday (20), the posts had already been taken down.
Initially, the request was denied by the court of the 1st Civil Court of the judicial circumscription of. In reevaluating the case, Judge Ciarlini pondered the conflict between two rights to freedom of expression and the protection of honor and image, both guaranteed by the Constitution.
The TJDFT understood that the publications had the clear purpose of attacking and violating Michelle’s legal sphere, still presenting content marked by misogyny and sexism.
The decision published on July 11 was made after lawyer Marcelo Bessa, who defends Michelle, requesting urgency for the immediate removal of two posts published on Instagram, on the grounds that they contained defamatory content.
In the petition, the defense maintained that publications extrapolated the limits of freedom of expression, constituting abuse of law through false and offensive statements to the honor of the former first lady.
The petition stressed that the videos reached more than 1.9 million views in less than a month, which, according to the defense, contributed to perpetuating and intensifying damage to your honor and image.
In case of non -compliance with the decision, a daily fine of R $ 5,000 was fixed, limited to the ceiling of R $ 300 thousand, without prejudice to the application of other criminal sanctions appropriate by act of disobedience.
