STF begins judging action against judicial harassment of journalists – 09/20/2023 – Frederico Vasconcelos

The STF (Supreme Federal Court) begins judging this Friday (22) a direct action of unconstitutionality proposed by Abraji (Brazilian Association of Investigative Journalism) against judicial harassment of journalists.

The rapporteur is Minister Rosa Weber, president of the STF. Abraji is represented by lawyer Taís Borja Gasparian, specialized in freedom of expression and co-founder of the Tornavoz institute.

ADI 7055 was included in the virtual plenary agenda for the period between September 22nd and 29th. The action was filed in December 2021 and distributed as a precaution to the current president of the STF.

On September 1st, the rapporteur accepted requests for entry, on condition that amici curie, formulated by the Vladimir Herzog Institute; Intervozes – Coletivo Brasil de Comunicação Social and Reporters Without Borders. The presentation of information and memorials, as well as oral arguments, were provided.

Abraji intends that, when the occurrence of judicial harassment is verified, the territorial jurisdiction of the defendant’s domicile is established for the judgment of all actions, and that the processes are centralized in the defendant’s domicile forum for the processing and judgment of these demands.

What is required is the interpretation in accordance with the Constitution of provisions of the Code of Civil Procedure of the Law of Special Civil Courts so that, in cases of violation of freedoms of expression, press and information, due legal process is guaranteed, broad defense and the reasonable duration of the process.

The most famous case of judicial harassment in the country – lawsuits filed by different faithful of the Universal Church against journalist Elvira Lobato and Folha, in 2008 – led, at the time, to an action before the STF that culminated in the repeal of the press law.

“Obviously, the intention is not to prevent or hinder access to justice, but to find a balance between the right to action or petition and the guarantees of due legal process and freedom of expression and press, in order to avoid the dispersion of processes across the country when characterized by judicial harassment”, says Gasparian.

ADI has opinions from professors Eugênio Bucci and Cassio Scarpinela.

Judicial harassment in general has the following characteristics, according to the lawyer.

– Under the pretext of exercising a right guaranteed in the Constitution, hundreds of people propose — in the jurisdiction of their home — actions for compensation against the same defendant. The aim is to harm and embarrass.

– There is an orchestrated attack, coordination between the perpetrators. The actions are identical, with the same narrative of events supposedly occurring hundreds of kilometers from each other. The authors are not concerned with the result of the lawsuits they file, but with the effect that the flood of lawsuits has on the defendant, in a short space of time.

– The abuse of the right to action, in cases of judicial harassment, in addition to misusing the Special Civil Courts, distorting their purpose, generally aims to inhibit the activity of the press or restrict freedom of expression.

– ADPF 130, which declared the non-acceptance of the Dictatorship’s Press Law by the Federal Constitution, originated from the episode of harassment suffered by reporter Elvira Lobato in 2008.

– Several other communicators, journalists and writers have been attacked with a barrage of actions, filed as a rule before the Special Civil Courts, and which evidently do not serve to repair any individual damage, but intend to coerce and intimidate the defendant.

– The undue instrumentalization of the Judiciary, in these cases, is obvious. There is an asymmetry of the forces involved in judicial harassment, favored by the provisions questioned in the ADI.

– The interpretation in accordance with the Constitution intended by Abraji meets the current legislative trend of bringing together similar or identical processes and aims to protect not only the rights of journalists and communicators who may be harassed, but also the proper functioning of the Judiciary.

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