In a decision issued last Wednesday (23), Judge Sérgio Serrano Nunes Filho, of the 11th Civil Court of the TJ-SP (Court of Justice of São Paulo), rejected the striker's request Blackdo Cruiseso that the president of Palm trees, Leila Pereirawas prevented from mentioning its name publicly.
As showed the ESPN On April 12the athlete defended himself in MORAL DAMAGE PROCESS FOLLED BY LEILA IN JANUARY THIS YEAR. In the case file, the player asked the court to refrain from mentioning her name or facts related to her person, under penalty of a fine.
“The granting of provisional protection is required for the plaintiff to refrain from making any mention of the name and/or facts related to the defendant, under penalty of a daily fine to be fixed by this court, in a value of not less than R $ 100,000.00 for each improper mention, with the objective of avoiding the aggravation of damage to their image and honor, which repercussions directly in their personal and professional sphere.”
The magistrate responsible for the case, however, defended the “freedom of manifestation, expression and criticism” and denied the request, stating that it would be “prior censorship”.
“I reject the injunction of inhibitory protection, claimed in counterclaim by the defendant, and in which the plaintiff intends to refrain from now to make any mention of his name and/or the facts related to him, because, in spite of the defendant's considerations, the preliminary claim, in the form of education, is revealed by other comprehensive and subjective, demanding the contradictory question and exhausted analysis, even To verify any excess in the statement of the plaintiff that the defendant understands that he has reached his professional and personal honor and image, depriving from the limits of the rights also constitutional of freedom of manifestation, expression and criticism, and in any case, the prior censorship is prohibited, “the judge said.
Also in the decision, Sérgio Serrano Nunes Filho summoned Leila Pereira and 15 days to leader Alviverde to contest other requests made by Dudu's defense, such as compensating him for moral damages and making a public retraction in press vehicles.
In the civil action, the Palmeiras president asked the “Baixola” to be ordered to pay $ 500,000 for moral damages (more 20% in fees), under penalty of paying a fine of R$ 10 mil per day in case of non -compliance.
The case began after the attacker Detonate Leila in Post in Instagramstill using the expression “VTNC”popularly known in Brazil as “go take it in C ***”.
In case of Cartola's victory, all the money will be donated to an entity that houses women in vulnerable conditions, according to the case.
Remember that still There is yet another Leila process against the striker, this criminalwhich runs at the 8th Criminal Court of Belo Horizonte.
In it, the leader asks the athlete to be punished with the penalties provided for in the Brazilian Penal Code for two crimes against honor: injury (offend dignity and decorum) and defamation (attribute offensive fact to reputation).
