The decision signed by judge Wagner Pessoa Vieira, of the 5th Civil Court of Brasília, responded to a request from the PT party, which filed a lawsuit for moral damages against the parliamentarian
The Court of Justice of the Federal District and Territories (TJDFT) determined on Monday (3) that the social network X (formerly Twitter) delete a publication by the federal deputy in which he refers to the as “Traffickers Party”. The decision was signed by judge Wagner Pessoa Vieira, from the 5th Civil Court of Brasília. The judge responded to a request from the who filed a lawsuit for moral damages against the parliamentarian.
He assessed that the post, made amid the repercussions of the police operation that left 121 people dead in could cause “immediate disruption and damage to the image and objective honor” of the caption. The social network has up to 48 hours to delete the post, leaving, in case of non-compliance, “under penalty of civil liability for damages resulting from the aforementioned publication”.
As of early Tuesday afternoon (4), the publication had 36,000 likes, 6,400 shares and 3,600 comments. In the decision, Vieira highlighted that Nikolas Ferreira’s parliamentary immunity does not apply to demonstrations outside the exercise of his mandate or institutional environments. “The post made by the defendant, on a digital communication platform on a social network, is not related to parliamentary activity, as it constitutes a mere personal opinion, with no supervisory nature or informative intention and, therefore, devoid of protection by parliamentary immunity”, he wrote.
The judge reinforced that statements made “in environments outside that legislative house, including virtual ones”, are only protected by immunity when they are “strictly linked to the exercise of the mandate”. On the same social network, Nikolas spoke about the decision stating that “the justice system only goes after those who are on the right, an absurd coincidence”. He stated that the post was “merely a response to the left that raised ‘PL PARTIDO DOS TRAFFICANTERS’”.
The PT sent an extrajudicial notification to X after the dissemination of publications that associate the acronym with drug trafficking. According to the party, the expression “Party of Traffickers” was among the most talked about topics on the platform over the weekend. The party asked that X adopt immediate measures to stop the defamatory campaign, in order to “safeguard the personality rights” of the acronym and prevent the posts from causing “even more serious damage”.
*With information from Estadão Conteúdo
