Justice prohibits attacks on videos by Jairinho's father against Leniel Borel
The Rio de Janeiro Court, through the 2nd Civil Court of the Madureira Region, ordered former state deputy Coronel Jairo, Jairinho's father, to stop publishing offensive content against Leniel Borel, Henry's father.
CNN Brasil had access to the decision this Friday (3). According to the document, if he disobeys this order, he will have to pay a fine of R$5,000.00 for each publication made that damages Leniel's reputation.
The judge also orders Google to delete content made on YouTube. This is because Jairo would have made videos on the platform calling Leniel a "scoundrel", "a scoundrel" and a "liar".
The company has a period of 5 (five) days for removal, under penalty of a daily fine of R$500.00, initially limited to R$10,000.00.
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To argue the decision, the judge claimed that freedom of expression is a citizen's constitutional right, but it cannot interfere with other rights protected by the constitution, such as honor and image.
"In effect, the constitutional protection of freedom of expression protects the right to criticism, including severe criticism, to express thoughts and express opinions on facts of public interest. However, this protection does not extend, in principle, to the dissemination of accusations devoid of minimal support, to the repeated imputation of environmental facts, violations without objective demonstration or to the systematic use of expressions aimed exclusively at discrediting the honor and condemning a certain person", he says.
The decision comes amid the 43-year sentence of former councilor Jairo Souza Santos Júnior, known as Jairinho, son of Colonel Jairo. He is found guilty of the death of Henry Borel, son of Leniel.
The measures on published content are a request for urgent provisional protection, that is, taken at the beginning of the process to prevent damage from happening, but this decision does not end the progress of the case. The colonel still has 15 working days to contest the decision.
CNN Brasil tries to contact the defense of those mentioned. The space remains open.
*Under AR supervision.
Source: CNN