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Date: April 15, 2019
Posted by: CPDMA Team

Moraes orders Crusoé and O Antagonista to withdraw a report that quotes Toffoli from the air

According to the minister, the article “The friend of my father's friend” has “clear abuse in the content”.

Crusoé magazine and the website O Antagonista received this Monday, 15th, an order from Minister Alexandre de Moraes to remove the article “The friend of my father’s friend” from the air, for “clear abuse in the content”.

See the decision. The report is based on a document from the Lava Jato operation, in which the contractor Marcelo Odebrecht allegedly said that the phrase “friend of my father's friend”, in an e-mail, referred to the president of the Supreme Court, Dias Toffoli.

Moraes presides over an investigation to investigate the existence of fake news “that affect the honor and security of the Federal Supreme Court, its members and family members, extrapolating freedom of expression”.

According to the minister, President Toffoli himself authorized, on Friday, the 12th, the investigation of articles published by the publications. When determining the removal of the news, Moraes says that the “seriousness of the offenses fired at the president” even provoked the action of the PGR, which clarified in a note that it had not received information that would have been delivered by Marcelo Odebrecht in which he states that the description “friend of my father's friend” refers to the president of the STF.

“Obviously, the clarification made by the ATTORNEY GENERAL OF THE REPUBLIC makes false the statements published in the article “The friend of my father's friend”, in a typical example of fake news - which requires the intervention of the Judiciary, because, once again, the full constitutional protection of the expression of opinion (positive aspect) does not constitute an exemption clause from possible liability for injurious and defamatory publications, which, however, must always be analyzed a posteriori, never as a prior and generic restriction on freedom of expression.”

If Moraes' order is not complied with, the penalty is a daily fine of R$ 100 thousand.

Source: Migalhas Portal.

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