Artur is forbidden to relate Marcelo Ramos with operation 'Bad Paths’To judge advertising, Artur publishes on its facebook information untruthful.
Mayor Arthur Neto (PSDB), reelection candidate is prohibited by the Electoral Court to relate the candidate Marcelo Ramos (PR), the operation “evil Ways” Federal Police, investigating funding shifts in the Amazon Health.
The decision is the judge advertising, Lydia de Abreu Carvalho Fleet, which determined that the mayor remove your Facebook page post that attempts to connect to Marcelo corruption scheme. In case of non-compliance, the judge's decision sets a daily fine of R $ 50 one thousand.
Marcelo got the right of reply on facebook Arthur, because for Electoral Justice, posting the mayor's social network is “nature tortious, libelous, defamatory and untrue statement known, since there is no relation expressed and uncontroversial, representative with corruption in state public health”. For Justice there is no direct relationship with the operation Marcelo.
See the pending decision:
Representative: Marcelo Ramos Rodrigues
Lawyer: John Victor Pereira Martins da Silva- OAB / AM No. 8.726
represented: Arthur Virgílio do Carmo Ribeiro Neto
This is request for reconsideration filed by representative Marcelo Ramos due to exarada decision in case this made the fls.47 / 48 rejecting the application for injunction unprecedented changes pair.
raised, or representative, articles 15 e 329 CPC to support your request and collated documents to fls.55 / 71.
Thus, compulsando closely watch case I believe the reason representative, but let's see:
Take care to request Reply with unprecedented injunction filed by changes of Marcelo Ramos Rodrigues in disfavor Arthur Virgilio Ribeiro do Carmo.
In summary, claims or Representative, in 13/10/2016, Represented released the text, in his campaign's personal page on Facebook social network address criticizing the stance of Tiradentes Network, in which he stated that the representative candidate was being supported by the Governor Jose Melo and insinuates that Marcelo Ramos candidate was involved in Operation "Bad Paths" (pgs. 04/06)
It maintains that the representative is not supported by the governor of Amazonas state and not by journalist Ronaldo Tiradentes and the publication made by the principal caused very serious damage to the candidacy of Marcelo Ramos and requires immediate desagrave that the representative.
legally Embasa your request in Article 5, item V of the Constitution c / c Article 58, caput of Law 9.504/97; Article 3 and 17 Resolution 23.462/2015 do TSE.
It requires the granting of an injunction ordering the immediate withdrawal of the offensive publication, under penalty of a daily fine of R $ 50.000,00 (fifty thousand) real; the regular processing and final approval of the response request.
It is the report. Step decide.
I emphasize that the grant of anticipatory measure postulated outright presupposes simultaneous and necessary coexistence of the plausibility of vindicated right and demonstration time enemy the effectiveness of the judicial provision.
In summary judgment Cognition envision the joint presence of the elements that allow the granting of the injunction.
It is known that the electoral law does not allow serving propaganda offensive to the honor of third party or to promote the dissemination of facts known to be untrue, as Article 21, § 1 of Resolution 23.457/2015 do TSE.
check, the posting to fls.25, text published on the homepage of the represented, the spread of the representative is supported by the state of Amazonas Governor Omar Aziz and Senator who is related to the operation triggered by the Federal Police called "Evil Ways" .
In my experience, such statements is of libelous nature, libelous, defamatory and untrue statement known, since there is no relation expressed and uncontroversial, representative with corruption in state public health breakthrough by the Federal Police.
I reiterate my understanding in the sense that, granting this request, if harnessed to the fact attributed to the representative relationship with the corruption scheme in the state public health, foiled by the Federal Police, the so-called operation "Bad Paths" , which is configured as controversial claim, since the fact that the party of the governor Jose Melo part of the coalition supporting the candidacy of representative, does not prove that it has, necessarily, direct and unambiguous relationship with the famous police operation. In this sense bring judged very recent:
PROCESS: RE 56-79.2016.6.21.0066 ORIGIN CANOAS
RECURRENT(S): COALITION FOR A REAL CANOAS (PTB - PMDB -Network - PSC - PR - CSDP - PRTB - PMN - PRP - PEN - PTdoB). TRAVEL(S): COALITION GOOD - MUNICIPAL PRIDE BLOCK -
Canoes (PRB - PT - PDT - PP - PSB - PCDOB - PROS - PPS - SD - PV -PTC - PTN - PHS - PSD) E LUCIA ELISABETH COLOMBO SILVEIRA. Resource. Representation. Right of Reply. Election Time Free. Radio. Program block. Art. 58, § 1º, you have n. 9.504/97.elections 2016. the court decision a quo for partial granting of representation, to ensure the right of reply to defendants. Granted suspensive effect to the placement of the answer in this instance. No specific case, there was mention of the operation Wash Jet in Free Airtime, there linking of the investigation the defendant candidate name. Whereas currently such a reference is almost synonymous with guilt, It remains evident defamatory accusation about the candidate, to deserve the right of reply. Although notorious involvement of member party of the coalition operation in Lava Jato, infeasible to be allowed to accuse all its members without distinction. sentence maintenance. provision denied.
Record that now above understanding is not linked to the merits of the lawsuit behold, the request will be examined in appropriate procedural moment.
In this way, firm in the grounds above reconsider earlier ruling and I grant the request for an injunction that represented immediately remove the post address, under penalty of a fine of R $ 50.000,00 (fifty thousand) real per day.
Notify-se or represented for, wanting, offer defense, within 48 (forty-eight) hours.
After, view the Electoral Prosecutor.
the notary, to providences.
Manaus, 17 October 2016.