The TJDFT (Court of Justice of the Federal District and Territories) rejected a PT action against the federal deputy. The party requested compensation for moral damages of R$40,000 and the removal of posts in which the parliamentarian stated that the caption meant “Party of Traffickers”.
Jordy shared a video on his social networks in which he discusses a committee, in which he changes the meaning of the acronym. He claims that he is the “Party of Traffickers” and compares the party of President Luiz Inácio Lula da Silva (PT) to criminal factions such as the PCC and Comando Vermelho.
The posts were made in November last year, in the context. The action left 122 dead and generated a strong clash between right and left in the discussion about public security.
Judge Gabriela Jardon Guimarães de Faria, from the 6th Civil Court of Brasília, understood that the association made by Jordy “is silly, almost childish”. The judge stated that the posts “draw attention for their vileness, but also for their clumsiness, which is revealed in the poor architecture of the message.”
Still according to the judge, these are criticisms “said in a vacuum” and “without any minimum justification attached”. In this way, the judge understood that “they are nothing more than a shallow game of words” which, despite being negative for the PT, “has no seriousness, depth” or “relevant intellectual reach”.
Therefore, the judge concluded that the posts “cannot be considered as forging a civilly punishable excess.” The judge says that changing one of the words in the acronym makes the action closer to swearing, where what matters more is the attitude of offending than the meaning of the offense.
“No one called ‘son of a bitch’ is actually offended by someone saying something about their mother,” the judge summarized. In this way, she states that it is not credible that a reader of the posts “comes to believe that the PT could, in fact, be a party that defends drug traffickers” or is formed by them.
The judge also pointed out that the posts were produced “in an environment of fierce political-electoral dispute”. The judge understood that the context does not immunize, but that “the adoption of vile, vile, aggressive and childish speech is frequent, and must be tolerable.”
In his decision, Faria also understood that parliamentary immunity “deserves acceptance” in this case and “ends up exterminating any possible ‘remain’ of harmful potential”
Therefore, the TJDFT dismissed PT’s request as unfounded, terminating the case. Furthermore, he ordered the acronym to pay legal fees worth 10% of the case. In other words, the party will need to pay R$4,000 to Jordy.
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