Judge revokes fine applied to Moro for electoral piece – 05/16/2023 – Mônica Bergamo

The 6th Civil Court of the Court of Justice of Paraná decided to revoke a decision that fined Senator and former judge Sergio Moro (União Brasil-PR) by BRL 10,000 for having kept an electoral advertisement that displayed the image of a trumpeter on air. . The musician claimed that he did not consent to the publication and demanded compensation for moral damages, now dismissed in the first instance.

A supporter of Luiz Inácio Lula da Silva (PT) and opposed to Moro’s positions, the artist Reinaldo Soares Neto reported to the Court that he decided to file the lawsuit after having his convictions questioned and starting to be looked at “with distrust by owners of bars where was called to play” because of the play.

In the questioned advertisement, Moro said that he was “an animal from Paraná, the legitimate red foot of Maringá”, affirmed that he grew up and raised a family in the state and showed images taken in the city of Curitiba —among them, that of the trumpeter performing.

In June last year, Judge Ana Lúcia Ferreira provisionally ordered that the video be deleted from social media and stopped being shown at party conventions or campaign events. Three months later, the magistrate fined Moro R$10,000 for keeping the video on one of her profiles.

This week, however, the same judge concluded that the exhibition of the trumpeter’s image did not last a second and was part of a larger set of images aimed at portraying cities in Paraná, in a non-profit piece with a political purpose. .

“The unauthorized use of the author’s image [o trompetista] in video [de] political nature contrary to their convictions is not enough to prohibit the broadcast of the video and demonstrate the fulfillment of civil liability requirements, in the case of mere annoyance”, Ferreira decided.

“In addition, the focus of the video is the defendant’s history [Sergio Moro]having the image of the author [o trompetista] been used only to praise aspects of the state where the defendant comes from and where he consolidated himself as a nationally relevant public figure. There is no affront to the applicant in the video, on the contrary, his art was exalted”, he also said.

The decision also points out that the video made use of a musical performance made in a public place, and that the musician must be aware of the possibility of capturing his image.

“It should be mentioned that, with the simple filing of this claim, the plaintiff made his ideological and political position clear and public, and the court is aware that the existence of this lawsuit was widely reported in the press,” said the judge. “Thus, if no concrete offense to the honor, good reputation or respectability of the author has been found, there is no justification for banning the video from being shown”, she concluded.

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IN THE FIELD

The Minister of Sports, Ana Moser, attended the inauguration ceremony of the new board of directors of Clube Pinheiros, in the capital of São Paulo, held on Monday night (15). The secretary of Sports for the state of São Paulo, Colonel Helena Reis, attended the event accompanied by her daughter, Liz. The Secretary of Government of São Paulo, Gilberto Kassab, was also there.

_{with BIANKA VIEIRA, KARINA MATIAS It is MANOELLA SMITH}

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