Case judge Mari Ferrer sues more than 160 by hashtag – 01/23/2024 – Power

Judge Rudson Marcos is suing more than 160 people for using the hashtag #estuproculposo on social media or citing the expression in reference to the trial of digital influencer Mariana Ferrer, which he conducted.

According to information obtained by Sheet, among those sued are presenters Angélica, Ana Hickmann, Marcos Mion, Astrid Fontenelle, Ivete Sangalo; the actresses Camila Pitanga, Mika Lins, Tatá Werneck, Patricia Pillar; senator Jorge Kajuru (PSB-GO), federal deputy Maria do Rosário (PT-RS), state deputy Luciana Genro (PSOL-RS), influencer Felipe Neto, as well as press vehicles and platforms such as Google, UOL, O Estado de S. Paulo and Organizações Globo Participações.

Actress and director Mika Lins, for example, posted on Instagram only the hashtag #estuproculposonaoexiste, without any direct mention of the Mari Ferrer case or the judge, and the magistrate filed a request for compensation of R$15,000 for moral damages. The proceedings are carried out under judicial secrecy.

In 2018, digital influencer from Santa Catarina Mariana Ferrer accused businessman André de Camargo Aranha of rape in a luxury club in Florianópolis. In 2020, Aranha was acquitted by judge Rudson Marcos, then at the 3rd Criminal Court of Florianópolis. Subsequently, the sentence was confirmed in the second instance.

The expression culpable rape, which went viral on social media, was related to arguments used by the case’s prosecutor, Thiago Carriço de Oliveira, that there would have been no intent (intention) on the part of the accused, because there would be no way for the businessman to know, during the sexual act. , that the young woman would not be in a position to consent to the relationship. “As the culpable modality of rape of a vulnerable person was not foreseen, the fact is atypical”, wrote Carriço in his argument, giving rise to the term culpable rape going viral.

A report by Intercept Brasil released images of the 2020 instruction hearing in which Ferrer was humiliated by lawyer Cláudio Gastão da Rosa Filho, defender of businessman Aranha.

The vehicle used the expression “culpable rape”, in quotation marks, to refer to the Prosecutor’s thesis, in a report signed by reporter Schirlei Alves — the term was not used in the process.

On the same day, the website included a note to readers in which it clarified that the expression was used “to summarize the case and explain it to the lay public”.

Before the publication of the Intercept, Schirlei Alves had signed another report dealing with the process, published on the ND+ portal. The expression “culpable rape” also appeared in this text.

Judge Rudson and prosecutor Carriço took action against the journalist, alleging moral damages.

In November last year, judge Andrea Cristina Rodrigues Studer sentenced Schirlei to six months of open detention, in addition to R$200,000 in individual reparations to judge Rudson and the same amount to prosecutor Carriço, for a total of R$400,000. .

Andrea Cristina considered, in her decision, that the reporter attributed to the judge the use of an unprecedented thesis of “culpable rape”, which would constitute the crime of defamation.

Schirlei’s defense informed that it has already appealed the sentence. In a statement, the journalist stated that “the feeling is of injustice”.

Schirlei was a collaborator of Sheet in 2022 and 2023, producing reports.

In cases against artists, politicians and influencers, the judge alleges that the use of the expression “culpable rape” caused damage to his image, honor and career, and claims to have been the victim of death threats.

“It’s absurd to be prosecuted for expressing an opinion, it’s an authoritarian attitude”, says deputy Maria do Rosário, the target of a request for R$15,000 in moral damages.

The deputy posted, on the old Twitter (currently , immoral and perverse! The Mariana Ferrer case ends with ‘culpable rape’ and humiliation of the victim.”

“This is an orchestrated action against people’s legitimate right to demonstrate against the embarrassment to which Mari Ferrer was subjected,” said state deputy Luciana Genro, who was sued for R$30,000. “For a judge to think he has the right to criminalize opinion is a violation of freedom of expression.”

For Charlene Nagae, executive director of the Tornavoz Institute, which defends freedom of expression, it is part of the democratic process for a judge to be the target of criticism related to his performance. “As a judge, he has to know how to withstand public criticism; prosecuting people who simply used a hashtag is trying to restrict freedom of expression, it makes people feel intimidated when expressing themselves”, she says.

In the view of Clarissa Gross, coordinator of the Freedom of Expression and Democracy Platform at FGV Direito-SP, we cannot speak of a violation of the right to honor, this is a judge involved in a case of great public repercussion, which “is subject to public scrutiny.”

Lawyer Taís Gasparian, partner at the firm Rodrigues Barbosa, Mac Dowell de Figueiredo, Gasparian – Advogados, questions the fact that all processes are confidential. “There is nothing that justifies secrecy. The procedural rule is for publicity, only in very specific cases can secrecy be imposed”, she says.

When contacted, Judge Rudson said that the processes are being processed in secret and therefore it is not possible to mention details.

“However, it can be said that it is not the objective of the actions to limit freedom of expression or the press. It is pointed out, however, that the dissemination of fake news must be subject to accountability”, stated the magistrate, in a message sent via from your lawyer.

According to him, the motivation for the actions is the association of the expression culpable rape with him, as if he had uttered or written that expression in the process, which he did not occur.

“(This) was not a mere mistake, on the contrary, it was fake news purposefully leveraged so that companies and social media users could profit from the mistaken repercussion of said link. For this vile reason, honor, image, career and morality of this magistrate.”

In November last year, the National Council of Justice imposed a warning sentence on Judge Rudson for his conduct at the hearing that took the influencer’s testimony. According to the CNJ, the magistrate failed to conduct the investigation hearing.

In the excerpt from the hearing published by Intercept, lawyer Gastão defined the poses in Mariana Ferrer’s photos as gynecological and was not asked about their relationship with the case. He also stated that he would “never have a daughter of Ferrer’s level.” He also reprimands the young woman’s crying: “there’s no point in coming with your disguised, fake crying and all that crocodile talk”.

The influencer complains about the interrogation to the judge. “Your Excellency, I’m begging for respect, neither the accused nor the murderers are treated the way I’m being treated, for God’s sake, people. What is this?”, she says.

The magistrate tells Ferrer that he will stop the recording so she can recover and drink water and asks the lawyer to maintain a good level.