Justice condemns man who threatened to “shoot” Lula and will have to pay “hefty” to the president

Last Friday, the 19th, the 2nd Chamber of Private Law of Justice of São Paulo condemned the former candidate for councilor, Erci Duarte Junior (Patriot), from the city of Saint Gertrude located in the interior of the State, to pay a fine of R$ 30 thousand for moral damages to the president Luiz Inacio Lula da Silva (PT), according to information from “Capital Card”.

The decision accepted an appeal by Lula’s defense due to publications posted on a social network by the accused in which he stated that he would “shoot” the then former president, along with images of Lula’s face. Squid pierced by firearm projectiles.

The aforementioned website details that the former candidate for councilor published messages in a threatening tone. Some of them were: “I’m going to shoot Lula”, “I’ll take some shots and show you the result”, “I’m going to put it on his forehead now” It is “but I’m going to shoot Lulinha, here, I hung him up as a target, I’m going to shoot him now”.

Justice convicts man who threatened to ‘shoot’ Lulahttps://t.co/1NefRaCPlF

— CartaCapital (@cartacapital) May 23, 2023

_{Post on the subject. (Reproduction/Twitter @cartacapital)}

According to information from the “Journal O Sul”such a decision is a victory for the defense as it reverts to the collegiate of the Court of Justice of São Paulo (TJ-SP) judgment of the first instance that had considered the action unfounded. According to the decision of the Court of Justice, “the fundamental rights linked to the inviolability of the honor and image of the party prevail over a right to freedom of expression, which cannot be exercised in an abusive manner and aimed at causing harm to others”.

The TJ-SP warns of the impact caused by publications on social networks. “There is a duty of conscience for everyone about the capacity and speed of propagation of content placed on internet media”pointed.

President Lula has achieved repeated victories in court against his accusers or people who violate his rights due to publications of fake news on social networks, for example. O “newspaper o sul”, even points to a recent case which was the defeat of the now impeached by the Clean Record Law Deltan Dallagnol (Can we-PR), condemned by Superior Justice Tribunal because of the “powerpoint” episode, in which he made a series of accusations against Lula.

Man who threatened to shoot Lula must pay compensation, determines Justice https://t.co/hMfI8kx4S0

— UOL Noticias (@UOLNoticias) May 24, 2023

_{Post on the subject. (Reproduction/Twitter/@UOLNoticias)}

Deltan Dallagnol was the target of two lawsuits that asked for his mandate to be withdrawn. One of the processes is authored by the Brazilian Federation of Hope (PT, PCdoB It is PV), by which Luiz Inácio Lula da Silva was elected, and the other, from PMN. The current president of Brazil was convicted and arrested by former judge Sérgio Moro on account of a complaint filed by the former prosecutor.

According to information from the aforementioned website, the Clean Record Law prohibits judges and members of the Public Ministry from launching candidacies if they have requested resignation or voluntary retirement pending disciplinary administrative processes (PADs), this restriction is valid for eight years. In the legislation, however, there is no reference to other classes of administrative procedures. At the time, the former prosecutor was responsible for administrative complaints and investigations.

As Dallagnol asked for exoneration from the Public Prosecutor’s Office in Paraná in the year 2021 (almost a year before the 2022 election), the intention to circumvent the law was, according to the rapporteur of the case in TSE, Minister Benedito Gonçalves, “crystalline” It is “deceitful”. Gonçalves stated that the aforementioned maneuver, as will be seen, prevented the 15 administrative procedures underway in the CNMP (National Council of the Public Ministry) would generate disciplinary administrative processes (PADs) that could give rise to the penalty of compulsory retirement or loss of office.

Featured Photo: President Luiz Inácio Lula da Silva at breakfast with journalists on April 6. Reproduction/Marcelo Camargo/Agência Brasil.