The minister, of the (Federal Supreme Court), voted this Friday (17) to sentence the former deputy (-SP) to one year of open detention, and to pay a fine of around R$ 126.4 thousand on charges of defaming the federal deputy (-SP).
The case is judged in the court’s virtual plenary session, where ministers simply cast their votes and there is no discussion. Magistrates have until April 28 to comment. They are analyzing one against Eduardo for comments made on X (former Twitter) in 2021.
In the posts, which have not been deleted, the former PL parliamentarian states that the PSB congresswoman had presented an intimate party in public places with the aim of unduly benefiting a businessman who had financed her campaign.
“Furthermore, the deputy acting in this almost childish way seems more likely to want to respond to the lobbying of her mentor sponsor, one of the owners of the P&G tampon producer, than to actually achieve a benefit for the public,” wrote Eduardo Bolsonaro in one of the posts.
A Sheet contacted Eduardo via WhatsApp message at around 1:30 pm to obtain a statement from him regarding Moraes’ vote, but there was no response until the publication of this report. The space remains open.
To the Supreme Court, Tabata Amaral stated that his campaign was not financed by Lemann and denied having ever intervened in favor of the businessman. According to the deputy, Eduardo “knowingly used fake news, one of the greatest instruments of violence against the democratic system” to attack her.
The former deputy stated, in his defense, that the statements were made in the context of carrying out parliamentary activity and “expressly in a debate about laws, albeit on social media”.
In his vote, Moraes, the case’s rapporteur, stated that the tweets show Eduardo Bolsonaro’s “free and conscious will” to impute an offensive fact to Tabata Amaral’s reputation. “The disclosure made by the defendant reveals the means of ruse he employed, whose objective was solely to achieve the honor of the author, both in the public sphere, as a political agent, and in her private life, since the reach provided by the internet, as is known, is gigantic and has enormous power of proliferation”, he said.
The minister also declared that freedom of expression does not mean permission to attack the honor of others and to spread lying, aggressive, hateful and prejudiced speeches.
“The full constitutional protection of the expression of opinion (positive aspect) does not mean the subsequent impossibility of analysis and liability for possible insulting, defamatory, lying information, and in relation to possible material and moral damages, as the rights to honor, intimacy, private life and one’s own image form the constitutional protection of the dignity of the person.”
The criminal complaint against Eduardo was accepted by 6 votes to 5 in 2023. In addition to Moraes, the ministers , , , (now retired) and (retired) voted to receive it.
The ministers analyzed an appeal presented by Tabata after the minister decided, individually in 2022, not to pursue criminal action against the former deputy. In the plenary analysis, , , and (retired) also voted in this sense.
Eduardo is also a defendant in court for coercing justice. In the United States since last year, he was in the action in which he was denounced by the (Attorney General’s Office) for acting to prevent the former president (PL) from being convicted in the coup plot.
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