The Justice of Rio Grande do Sul condemned the journalist Rosane de Oliveira and the newspaper Zero hour to switch off R $ 600 thousand in moral damages to the former president of the Rio Grande do Sul Court of Justice (TJRS ), IRIS HELENA MEDEIROS NOGUEIRA . The decision of the 13th Civil Court of the Central Forum of Porto Alegre, considered that the reports published distorted facts about the income of the former president.
The lawsuit was filed by Nogueira, who in his defense claimed that the articles published by Rosane de Oliveira in his column in Zero Hora contained information incorrect about the amounts received by her, leading to questions about her honesty . THE negative repercussion Of the reports affected his image and honor, according to the former president.
In their defense, the journalist and the newspaper alleged freedom of expression and RIGHT OF ACCESS TO INFORMATION supported by the Law on Access to Information (LAI). They also argued that there was no causal nexus between publications and the alleged negative repercussion.
Balance in Press Freedom
The judge Karen Rick Danilevicz Bertoncello pondered the balance between the freedom of the press and the right to privacy honor and image. The decision emphasizes that the exercise of freedom of press must respect individual rights.
In the sentence, the magistrate concluded that the reports distorted the facts When presenting a payment indemnity and punctual received by Nogueira as if it were a monthly compensation. The judge pointed out that, unlike other vehicles that addressed the same theme, the newspaper Zero Hora omitted relevant information that contextualized the payment.
THE Federal Constitution guarantees both the free manifestation of thought and communication and the inviolability of intimacy, private life, honor and image, ensuring the right to compensation in case of violation. Freedom of the press, in turn, is supported by article 220 of the Constitution.
Skewed and sensational narrative
The judge considered that the journalist, even aware of the nature of the payment, opted to omit information and create a sensationalist narrative associating the former president with undue privileges. The sentence also criticized the subject title who highlighted Nogueira as the president of TJRS with the highest gains, not to mention the nature of the payment.
Although the journalist was aware of these official data – provided through a public note – deliberately opted for omitting such information in their main columns, presenting the figures as ordinary remuneration, not as extraordinary compensation. Instead of clarifying, a skewed and sensational narrative was created that associated the author with the figure of alleged immoral or unjustified privilege, fostering the misunderstanding of the lay public. Therefore, it promoted the misinformation of public content related to the head of power at the time of dissemination
Judgment – Rio Grande do Sul Court of Justice
The defense argument based on LAI was rejected by the judge, who understood that the law does not authorize the disclosure of information decontextualized that may violate personality rights. The sentence cited jurisprudence of the Supreme Federal Court (STF) on the limits of freedom of expression and the protection of honor and image.
The journalist, trying to justify her conduct, invoked Law No. 12.527/2011 (Law of Access to Information – LAI) as a foundation for the disclosure of values and names. However, this argument is not legally sustained.
Indeed, LAI guarantees the right to access public information pursuant to art. 5, item XXXIII, of the Federal Constitution. However, the law itself establishes limits expressed to the dissemination of data that may achieve personality rights, according to inc. II of art. 31
Judgment – Rio Grande do Sul Court of Justice
The conviction includes the payment of R $ 600 thousand In moral damages, as well as procedural costs and attorney’s fees. The decision is subject to appeal.
THE CNN Try to contact the parts for a position on the case.
This content was originally published in court condemns a journalist to pay $ 600,000 to former TJRS president on CNN Brazil.
Source: CNN Brasil
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