Judge Thais Araújo Correia, from the 17th Civil Court of Brasilia, denied an action in which the Minister of Institutional Relations, Gleisi Hoffman, and the PT leader in the House of Representatives, Lindbergh Farias, asked for an indemnity of $ 60,000 per statement made by Deputy Gustavo Gayer (PL-GO) on social networks. In the post, the (union-AP).
In the action, Gleisi and Lindbergh maintained that the post was made to embarrass and publicly humiliate the minister and to offend the honor and image of the PT leader in the House. In an answer presented in the file, Gayer invoked his parliamentary immunity, argued that he should “prevail freedom of expression” and also maintained that “there was no demonstration of moral damages.”
Judge Thais Araújo Correia said he did not see “excess” in the demonstrations of the Bolsonarist Deputy. In the magistrate’s view, despite “rudeness”, the parliamentarian’s publications were reaction to a speech by President Luiz Inacio Lula da Silva (PT). “The improprieties given in the published messages, emphasize, represent only the rudeness of the interlocutor, unusable, however, to disagree the image and honor of the authors,” he claimed.
The magistrate maintained that Gleisi and Lindbergh, as public people, “are not infective to their own criticism of politics” and thus gayer comments “do not take sufficient strength to cause harm to their moral heritage, in order to demean his reputation or name in the political environment.”
The assessment is that the demonstrations took place “in the exercise of the mandate”. “By moving on the fine line between parliamentary material immunity and its overflow, I understand that the controversy should be resolved by recognizing the legitimate exercise of freedom of expression,” noted the magistrate. The judge determined that petistas arise with the costs and expenses of the process, as well as the fees, arbitrated in 10% of the total value of the updated cause.
