STF forms majority to extinguish judge’s actions against journalists in PR – 09/29/2023 – Power

The STF (Supreme Federal Court) formed a majority to extinguish at least 22 actions requesting compensation against reporters from the newspaper Gazeta do Povo who published reports on super salaries of judges and prosecutors in Paraná.

The trial takes place in the virtual plenary of the Supreme Court, the system where ministers cast their votes, in a session that ends at 11:59 pm this Friday (29). Until then, there may be a request for review (more time for analysis) or highlighting (taking the case to plenary).

Minister Rosa Weber, rapporteur of the action, and ministers Cristiano Zanin, André Mendonça, Edson Fachin, Dias Toffoli and Cármen Lúcia have already voted to extinguish the processes.

Minister Alexandre de Moraes disagreed, but without going into the purpose of the decision, simply stating that the procedural means was not appropriate.

The magistrates’ actions against the newspaper were presented in at least 15 cities in 2016, which forced the five journalists who signed the material to travel for days at a time to the hearings.

In one of the cases, the journalists suffered a first sentence of R$20,000. In the decision, the judge accuses Gazeta do Povo of “acting in a careless” and “pejorative” manner. The decision was also overturned by the STF.

In her vote, Minister Rosa Weber said that there was a “coordinated management of numerous identical compensation actions, the cause of action of which is based on the disclosure, accompanied by legitimate criticism, carried out by the press regarding the salaries received by public agents above the constitutional ceiling “.

The minister criticized the attempt to restrict the press in actions against journalists. “It does nothing for the dynamics of democratic society to reduce the social role of the press to an aseptic informative aspect, supposedly neutral and impartial, previously stripping it of essential notes, opinion and criticism”, she said.

Still according to Rosa, “press freedom and compulsory objectivity are mutually exclusive concepts.”

Minister Cármen Lúcia also criticized the actions in her vote. According to her, the process “exposes an illegitimate stratagem by which political agents, taking advantage of the legitimate right of access to justice through action, distorted the judicial process, using it as an illegitimate instrument of intimidation, directed at journalists and as a vehicle of communication that disclosed information of undeniable public interest”.

Since the beginning of the actions, Gazeta do Povo had been maintaining that the initial petitions were practically identical and also spoke of “coordinated action”.

At a hearing, one of the magistrates who appealed to Justice declared, according to a recording cited in the appeal, that “many other [ações] will come.” “We mobilized and put together a group,” said judge Walter Ligeiri Junior.

In Paraná, judges and two prosecutors complained of having been “ridiculed” after the newspaper stated that they receive super salaries.

The report, published in February, compiled public data to show that, when added to benefits, the total remuneration of magistrates and prosecutors exceeds the civil service ceiling.

At the time, the Association of Magistrates of Paraná denied there was coordinated action or intimidation. “The press must be free. But, if there is abuse, it must be repaired”, defended the association, in a statement. In this case, it said, the report suggested that the judges were committing an illegal act, receiving payments above the ceiling.

ANJ (National Association of Newspapers) declared that it was “absolutely supportive” of Gazeta do Povo and said that the case is “an offense to the exercise of journalism and freedom of the press”.

The case of Gazeta do Povo is similar to the flood of actions against Sheet in 2008, when then special reporter Elvira Lobato was sued by dozens of followers of the Universal Church due to a report on the organization’s assets.