(), obtained a victory in the São Paulo Court of Justice this Tuesday (24) against criminalist Celso Vendramini, who called the minister a “PCC lawyer” during the jury trial of two military police officers accused of killing robbery suspects.
The rapporteur, Mario Chiuvite Jr., denied Vendramini’s appeal against the conviction he had already suffered in the first instance in March last year and maintained compensation of R$50,000 for moral damages to the minister.
The lawyer had argued in his defense that he made the criticisms protected by professional immunity and in the exercise of his duties. The argument was rejected, however.
For the TJ-SP, Vendramini’s conduct “objectively constitutes the practice of an unlawful act”. “Falsely attributing to someone, in a public and formal session, a link with a highly notorious criminal organization, is an intrinsically offensive fact, capable of affecting the objective and subjective honor of the offended party, even if the victim is a public person.”
The decision also says that institutional criticism is legitimate but should not be confused with “attribution of untrue criminal facts, especially when delivered in a solemn environment, before jurors, magistrates, members of the Public Ministry and other legal operators.”
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