Judge Paulo Henrique Ribeiro Garcia, from the 1st Civil Court of Pinheiros Forum, ordered Band to pay R $ 50,000 to (PRTB) for moral damages. The magistrate also ordered the broadcaster to withdraw reports that contained terms considered as personal offenses to the entrepreneur.
Sought, the Band said it does not comment on legal proceedings. It is up to appeal.
In the process, Marçal stated that during flooding in Rio Grande do Sul, organized donation campaigns and that trucks with groceries would have faced invoices and fine requirement.
The Band would have aired a report classifying as “fake news” the detention for lack of documentation and, in comments, their journalists would have used expressions such as “Mané”, “scoundrel”, “Zé Ruela” and “human waste”.
The broadcaster maintained in the contestation that Pablo disseminated untruths in the publications on the subject, as the trucks were not being barred due to the absence of invoice, but by overweight.
He also stated that the author’s public history would rule out compensation and that the coverage was protected by freedom of expression.
At the time, the government of Rio Grande do Sul where Marçal was wrongly said that “the face was not (sic) letting go people without qualification” and that “the guys are wanting invoice and we are wanting to donate food.” Sought by Sheet At the time, Marçal stated that two of the ten trailers he would have sent “were stopped due to bureaucratic issues”, but “the situation was resolved.”
In deciding, the magistrate stated that freedom of the press should harmonize with the protection of honor and image. He pointed out that, even admitting criticism and emphatic language, the employed terms “have moved to the field of personal aggression” and do not have an appropriate relationship with the reported fact.
“Calling a scoundrel, who is attributed to the dissemination of” fake news “, seems, in all evidence, an excess in language, an unnecessary word, which is not properly related to the narrative in question, whose existence detached from context ends up having the only effect of offending the author,” says the document.
Before the sentence there was an attempted conciliation that ended without agreement.
The judge rejected the request for the right of reply and denied the request to prohibit the use of the plaintiff in future publications, for configuring prior control.
