2023-11-28 02:43:21
The Court explains that the information contained in legal proceedings, as a rule, is public and can be used, but that, in this case, the defendant went beyond
The 3rd Appeal Panel of the Special Courts of the Federal District upheld a decision that sentenced a man to pay compensation to his neighbor, for spreading banners in a condominium, with information that attributes to him the status of a fraudster. The decision set the penalty of R$5,000 for moral damages.
The author says that, on September 21, 2022, the defendant fixed signs and banners in the condominium, announcing that he claims ownership of his property in court and that the acquisition of the property would constitute the commission of the crime of embezzlement. The process states that the defendant claims to be the legitimate owner of the property, despite there already being a court decision in his disfavor. In this context, he unduly attributed the characteristic of a swindler to his neighbor.
When judging the case, the Court explains that the information contained in legal proceedings, as a rule, is public and can be freely used, but that, in this case, the defendant went beyond its informative nature and went on to achieve honor and good fame. from the neighbor. He highlights that, although no reference was made to the author’s name on the signs, it is unequivocal that, by warning that the sale or acquisition of a lot where the author resides constitutes a crime of embezzlement, the defendant attributes his neighbor to the status of embezzler.
Finally, the judging body emphasizes that the defense’s thesis that the banners, plaques and paintings on the wall had only narrative and informative purposes might only be accepted if there was only information regarding the existence of a judicial process, in which the issue of possession of the good. However, by linking the image of the current owner to that of a swindler, this violates his right to personality. Thus, “in addition to the right to remove the banners, plaques and painting from the wall, the plaintiff is entitled to compensation for moral damages, to the extent that the defendant exceeded the limits of disclosure and information”.
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