Jones Manoel is ordered to pay R$30,000 to Kataguiri for associating him with PCC
The TJDFT (Court of Justice of the Federal District and Territories) sentenced on Monday (25) the pre-candidate for federal deputy Jones Manoel (PSOL) to pay R$ 30 thousand to Kim Kataguiri (Mission) for associating him with the criminal faction PCC (Primeiro Comando da Capital), corruption and adherence to Nazi and fascist ideologies.
The action against Jones Manoel asked for R$50,000 in moral damages with the allegation that Kataguiri would be the target of a "systematic and progressive campaign of personal, political and ideological persecution" on X and YouTube. The pre-candidate's defense claimed that the criticisms were part of the political debate and were within freedom of expression.
The judge, however, disagreed with Jones Manoel. "In this specific case, the body of evidence shows that the defendant went beyond the limits of political criticism, by attributing to the author links to a criminal organization, corruption and extremist ideological positions without suitable factual support, notably regarding the supposed defense of legalization of the Nazi party and decriminalization of Nazism", said the judge.
The judge understood that there was no bad faith litigation on the part of Jones Manoel and judged Kataguiri's defense requests to be partially valid. Therefore, the sentence was R$30,000 in moral damages - and not R$50,000, as requested in the lawsuit. In addition, the pre-candidate must pay 80% of the procedural costs and legal fees in the case.
"The allegation of litigation in bad faith is also ruled out, as none of the hypotheses strictly provided for in article 80 of the Code of Civil Procedure are identified in the author's procedural conduct, with no elements that demonstrate intentional alteration of the truth of the facts, use of the process for an illegal purpose or unjustified resistance to the regular progress of the case", wrote the judge.
To CNN Brasil, Jones Manoel said that his lawyers are already filing an appeal because they consider "the decision wrong" and believe that the determination "will be reversed in the review bodies."
"We are confident that the final result will be favorable. That said, it is a political consideration", added the parliamentarian.
For Jones, Kataguiri and the MBL (Movimento Brasil Livre), of which he is a part, "live by defending 'unrestricted freedom of expression' for racist, sexist, LGBTphobic, Nazi and similar speeches, but practice judicial harassment against critics, using the economic power of the mandate to silence those who ask the necessary questions."
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Source: CNN