Judge rejects Amastha's lawsuit against Lúcio Campelo.
Judge Roniclay Alves de Morais dismissed the lawsuit for moral damages filed by Mayor Carlos Amastha (PSB) against councilman Lúcio Campelo (PR); in a speech at the City Council in November 2015, Campelo called Amastha a "Colombian thief and dishonest"; the judge ruled that "it remains uncontested that the defendant made said statement on the floor of the Palmas City Council, in connection with the exercise of his mandate as councilman."
Tocantins 247 - Judge Roniclay Alves de Morais, assisting the Court Support Center (Nacom), rejected the lawsuit for moral damages filed by Mayor Carlos Amastha (PSB) against councilman Lúcio Campelo (PR).
In a speech to the City Council in November 2015, Campelo called Amastha a "Colombian thief and dishonest." The mayor was seeking R$100 in damages. Amastha stated in the lawsuit that the councilman's aggression "offended his decorum and dignity, in addition to imputing an offensive fact to his reputation, honor, and image, as he is 'a man known worldwide'."
The judge ruled that "it remains undisputed that the defendant made the aforementioned statement on the floor of the Palmas City Council, in connection with the exercise of his mandate as a city councilor."
The magistrate reiterated that the Constitution ensures that the councilman "is inviolable for his pronouncements." "I find that the statements were made by the defendant within the premises of the Municipal Legislative Chamber, during the performance of a typically parliamentary act, and in connection with the exercise of his mandate, and are therefore covered by parliamentary immunity."
According to the judge, "to consider these demonstrations liable for legal action when they cause offense to someone is, in fact, to completely empty the additional protection that forms the essence of the constitutional precept of immunity."
In addition to dismissing the lawsuit, the judge also ordered Amastha to pay 10% of the value of the case, totaling R$ 10. The mayor may appeal the decision.