TRF-3 considered that Breno Altman’s publications are protected by freedom of expression; appeal is available
The (Federal Regional Court of the 3rd Region) ordered the suspension of criminal proceedings against journalist Breno Altman, who was accused of alleged incitement and condonation of crime. The lawsuit originated from posts made on October 7, 2023, the date of the Hamas attacks that killed 1,200 people in Israel. The information comes from Mônica Bergamo’s column, in the newspaper Folha de S.Paulo.
The (Israeli Confederation of Brazil) sent a crime report to the (Federal Public Ministry), listing 15 publications. In one of them, Altman: “We may not like Hamas, disagreeing with its policies and methods. But this organization is a decisive part of the Palestinian resistance against the colonial State of Israel. Remembering the Chinese saying, at this moment it doesn’t matter what color cats are, as long as they hunt mice”.
It was partially accepted in the 1st instance, but has now been reversed by the 5th Panel of the Court. When granting habeas corpus filed by lawyers Pedro Serrano and Fernando Hideo Lacerda, judge Ali Mazloum concluded that the posts constitute a political opinion, constitutionally protected by freedom of expression.
According to Mazloum, messages do not constitute “direct and specific command, summons or encouragement of the commission of the determined crime”. The rapporteur also pointed out that there was no “positive and unequivocal exaltation or glorification of a criminal act or its perpetrator”strictly speaking of “analysis and political positions”.
Due to lack of just cause, Mazloum ordered the criminal action to be suspended. The MPF can still appeal the decision.
Attorney Maurício Fabretti, author of the complaint, maintains that there was abuse in the exercise of freedom of expression. For the MPF, it would be implausible “that the accused did not have the intention, even if secondary, of comparing Jews, or at least part of the Jewish people, to rats”.
The agency argued that the statements characterized “practicing and inciting discrimination and prejudice against the Jewish people, as well as inciting the crime of terrorism”.
