Judge in the Mariana Ferrer case sues more than 160 people for fake news about “culpable rape”

The judge responsible for conducting the case involving digital influencer Mariana Ferrer is suing more than 160 people for criticizing him on social media in decisions made during the case.

According to the process that is being carried out in court secrecy and that the Newspaper had access, among the targets are celebrities such as Angélica, Ana Hickmann, Marcos Mion, Ivete Sangalo, politicians, and press vehicles. Rudson Marcos decided to sue these people for associating the expression “culpable rape” with him, causing damage to his image, honor and career.

A People’s Gazette tries to contact Mariana Ferrer’s defense and waits for a response.

The case dates back to 2018, when Mariana Ferrer accused businessman André de Camargo Aranha of rape in Florianópolis. In 2020, Aranha was acquitted by judge Rudson Marcos, a decision later confirmed in the second instance. The expression “culpable rape” went viral on social media due to arguments from prosecutor Thiago Carriço de Oliveira, who claimed the absence of intent on the part of the accused.

The expression was used in reports by Intercept Brasil and the website ND+ to refer to Oliveira’s thesis, but it does not exist in the Brazilian legal system and was not even mentioned in the case records. Rudson and Oliveira filed a lawsuit against the journalist responsible for the ND+ text alleging moral damages – her defense appealed the conviction.

Now, the judge alleges that the use of the expression by third parties, including press outlets, caused damage and death threats. Rudson’s defense stated that the lawsuits do not aim to limit freedom of expression, but to make the disclosure of fake news.

The actions filed by Rudson are based on the allegation that the association of the expression “culpable rape” with him was a fake news disseminated to damage his image, leading to his legal liability. The judge highlights that he did not use this expression in the process and seeks compensation for the damage caused to his reputation.

“[Isso] was not a mere mistake, on the contrary, it was a fake news purposely leveraged so that companies and social media users could profit from the mistaken repercussion of said link. For this vile reason, the honor, image, career and morals of this magistrate were sacrificed”, said the magistrate in a message sent by his defense.

The judge had already been the target of criticism and received a warning from the National Council of Justice (CNJ) in November 2023 for his conduct at the hearing that took Mariana Ferrer’s testimony. The body considered him negligent in conducting the hearing.