Freedom of thought is constitutionally enshrined as a fundamental guarantee inherent in everyone. But this “mantle of protection” is not absolute, being a relative constraint imposed by the Constitution itself, given that it is also a duty related to the principles of the dignity of the human person.
Walter Campanato / Brazilian Agency
This was the basis for the decision of Judge Suelen Caetano de Oliveira of the Guarani das Missoins (RS) District Judicial Court, which condemned politicians Bertil Bolivar Nilsson and Leonardo Estanislau Sivelski, who were running for mayor and vice president. – Mayor of the city of Rio Grande do Sul. in 2020, to reimburse federal deputy Osmar Terra compensation in the amount of 30,000 reais.
The decision was prompted by the actions of the former Minister of Citizenship against politicians and against the spread of news called “Fraud in the Ministry of Citizenship could overthrow Osmar Terra.”
In the lawsuit, Osmar Terra claims that he suffered moral damage as a result of publishing in his sphere of political influence. Publications were previously subject to an exclusion order. The information was also later corrected by the communication medium that originally published the text.
Analyzing the case, the judge argued that the disclosed situation indicated that this was not just political / electoral discontent, but rather a message on a social network that links the author to a serious crime, which is unacceptable. confused with the natural right of selective criticism. The Justice of the Peace also noted that the veracity of the information can be easily verified by the defendants.
In addition to condemning the defendants to release Osmar Terra from liability, the judge also ordered that the said news be removed from the profile in which it was posted, and that the defendants refrain from republishing it in any other way.
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5000312-16.2020.8.21.0102
