Court denies Ana Amélia's injunction against blogs.

On the 21 - The Rio Grande do Sul Electoral Court rejected the preliminary injunction in the precautionary actions filed by the candidate for governor of Rio Grande do Sul, Ana Amélia Lemos (PP), and the coalition Esperança que Une o Rio Grande against two blogs that reported the lack of information about her assets in the declaration made to the Regional Electoral Court (TRE-RS). Both Federal Judge Otávio Roberto Pamplona, ​​auxiliary judge of the TRE-RS, and Judge Liselena Schifino Robles Ribeiro, auxiliary judge of the TRE-RS, who reported on the actions, considered that the information is not "knowingly false," as the candidate claimed, and that there is no need to grant a preliminary injunction.

The coalition and the progressive candidate filed a precautionary measure against Fabrício Maia and Vinicius Rauber de Souza, from the blog Sociedade Política, who, on Friday (19), reported, based on a document provided by the 1st Registry Office and Real Estate Registry, in the city of Formosa, Goiás, that Ana Amélia owns land in the municipality, not declared to the Electoral Court. The defense, represented by lawyers André Luiz Siviero, Gustavo Bohrer Paim, Jivago Rocha Lemes, Miguel Tedesco Wedy and Ricardo Hermany requested "the removal from the internet of a site that would be disseminating knowingly untrue and offensive facts to the honor of the first representative". The argument presented was that the fact would be untrue, because "the property is listed in the income tax return of her deceased husband's estate".

According to Federal Judge Otávio Roberto Pamplona, ​​"the objective fact that the farm was not declared to the TSE (Superior Electoral Court) cannot be considered knowingly false, the discussion focusing on whether or not this declaration is mandatory." Considering that granting an injunction was not justified, the judge stated that the case can "await resolution at the appropriate time, after the defendants' defense and the opinion of the Electoral Public Prosecutor's Office."

Lawyer Fabrício Maia, editor of the blog Sociedade Política, learned of the lawsuit through Sul21. Although he was not officially informed, he says he finds the lawsuit filed by the candidate and her coalition strange, since the information published came from a public document. He is now preparing his defense, which must be presented within five days. "I will argue that the documents are genuine and proof of what we published. We defend the right of the blog and the people of Rio Grande do Sul to be informed about the assets of all candidates." Maia also refutes the criticism from the progressive candidate and the Esperança que Une o Rio Grande coalition that the blog's editors are unscrupulous. "We are serious and do not accept this type of characterization used against us by Ana Amélia's campaign," he states.

The candidate's defense also filed a precautionary measure against Google do Brasil Internet Ltda., requesting an injunction to remove the Cloaca News blog, arguing that it identifies "with the Workers' Party government, intending to discredit the plaintiff." As in the case of the Sociedade Política blog, the lawyers justify that Cloaca News makes "a knowingly false statement to the detriment of the representatives" and that it "is disseminating a knowingly false fact by stating that the ownership of a farm was omitted from Ana Amélia's asset declaration to the TSE (Superior Electoral Court). According to the initial filing, the declaration of the aforementioned property was unnecessary, as it was fully listed in the income tax return of her husband's estate."

The rapporteur for the case, Judge Liselena Schifino Robles Ribeiro, an auxiliary judge of the TRE-RS (Regional Electoral Court of Rio Grande do Sul), considered the granting of an injunction unnecessary. According to her, the information published by Cloaca News "appears not to be demonstrably false, and the controversy seems to lie in whether or not the inclusion of this property in the candidate's asset declaration is mandatory."

The owner of the Cloaca News blog has issued a written statement regarding the actions of Ana Amélia and the Esperança que Une o Rio Grande coalition. Mr. Cloaca, as he signs the text, begins by saying that "the attempt to remove from circulation a vehicle for information and free expression of thought, in this case, the Cloaca News blog, constitutes a serious attack on freedom of expression, worthy of being vehemently repudiated by all who value democracy and ideological plurality." He assures that "the information disseminated by the blog is absolutely true, based on official evidence provided by the 2nd Notary Office of Formosa, Goiás, on September 8th. It is also supported by official – public – information displayed by the Electoral Court on the internet."

According to the blog owner, "the simplistic claim that Cloaca News 'identifies with the Workers' Party government' has no factual basis, since the blog does not display, nor has it ever displayed, any PT logo." He also states that "Ana Amélia's attempt to summarily ban a vehicle for information and ideas demonstrates the authoritarian nature of the PP candidate, who is indeed identified with the most reactionary and conservative sectors of the most rabid right wing in Rio Grande do Sul." Finally, Mr. Cloaca says: "Until now, I have not been formally called upon to comment on this unfortunate case of attempted censorship. In any case, I am ready to do so, to present, with pleasure, the irrefutable evidence of everything that has been published."

Integrities

Here is the full text of both decisions.

Against the blog Political Society:

ELECTORAL JUSTICE
Regional Electoral Court of Rio Grande do Sul
Notify them.
On September 21, 2014.
Desa. Liselena Schifino Robles Ribeiro,
Assistant Judge of the Regional Electoral Court of Rio Grande do Sul.

Case Number: AC 1512-39.2014.6.21.0000 Protocol Number: 526322014
Rapporteur: Federal Judge Otávio Roberto Pamplona
MUNICIPALITY: PORTO ALEGRE-RS
TYPE: PRECAUTIONARY ACTION

Applicant(s): Attorney(s) André Luiz Siviero, Gustavo Bohrer Paim, Jivago Rocha Lemes, Miguel Tedesco
Wedy and Ricardo Hermany
Required:
Visas, etc.

This is a precautionary action filed by ANA AMÉLIA LEMOS and the COALITION HOPE THAT UNITES RIO
GRANDE against FABRÍCIO MAIA and VINICIUS RAUBER E SOUZA, requesting the removal from the internet of a website that
[The statement] would be spreading demonstrably false and offensive information that damages the honor of the first representative.

According to the representatives, the aforementioned blog was claiming that Ana Amélia did not disclose her assets in her list.
A farm in Goiás, which he allegedly owns, was submitted to the TSE (Superior Electoral Court). He argues that this is demonstrably false.
Indeed, the property is listed in the income tax return of her deceased husband's estate. She maintains that the property...
disseminates statements that are offensive to the candidate's honor.

It requests the granting of a preliminary injunction, in order to order the immediate removal of the blog and, ultimately, to confirm the...
preliminary injunction.

It's the report.

I decide.

The website sociedadepolitica.com.br is reporting that candidate Ana Amélia failed to disclose, in her
The declaration of assets submitted to the TSE (Superior Electoral Court) includes ownership of a farm in Goiás. The authors argue that this fact is...
This is demonstrably untrue, as the candidate would not be obligated to declare the property to the Electoral Court, since the farm...
It was fully declared on her husband's estate income tax return.

The objective fact that the farm was not declared to the TSE cannot be deemed knowingly false, placing it in the
discussion about whether or not this declaration is mandatory.

Therefore, granting the preliminary injunction is not justified, and the case can await resolution at the appropriate time, after the
The defendants' defense and the statement from the Electoral Public Prosecutor's Office.

Furthermore, the procedure for precautionary measures is swift, making it impossible to foresee any danger in delay.

In light of the foregoing, I deny the preliminary injunction.

The defendants are hereby notified to submit their defense within 05 days.

Once the defense has been filed or the deadline has passed without a response, forward the case file to the Regional Electoral Prosecutor's Office.

Then, return the completed report.

Please note the confidentiality of the proceedings, considering that the case file contains confidential information.

Notify them.

On September 21, 2014.

Federal Judge Otávio Roberto Pamplona,
Assistant Judge of the Regional Electoral Court of Rio Grande do Sul.

Against Google do Brasil Internet Ltda.:

ELECTORAL JUSTICE
Regional Electoral Court of Rio Grande do Sul
Porto Alegre, August 21, 2014.
Desa. Liselena Schifino Robles Ribeiro,
Assistant Judge of the Regional Electoral Court of Rio Grande do Sul.

Case Number: AC 1514-09.2014.6.21.0000 Protocol Number: 526372014

RAPPORTEUR: DESA. LISELENA SCHIFINO ROBLES RIBEIRO
MUNICIPALITY: PORTO ALEGRE-RS
TYPE: PETITION
Applicant(s): Attorney(s) André Luiz Siviero, Gustavo Bohrer Paim, Jivago Rocha Lemes, Miguel Tedesco
Wedy and Ricardo Hermany
Required:

Visas, etc.

This is a precautionary action filed by ANA AMÉLIA LEMOS and the COALITION HOPE THAT UNITES RIO
GRANDE is suing GOOGLE DO BRASIL INTERNET LTDA, seeking the removal of a blog in which it is stated...
a demonstrably false statement to the detriment of the representatives.

The website was allegedly spreading a demonstrably false claim by stating that the ownership of a farm would have...
had been omitted from Ana Amélia's asset declaration to the TSE (Superior Electoral Court). According to the initial complaint, the declaration of the aforementioned property was
unnecessary, since it was fully included in her husband's estate's income tax return. They argue that the blog
"Cloaca News" identifies with the Workers' Party government, intending to discredit the author.

It requests the granting of a preliminary injunction, in order to order the removal of the matter challenged in this action from the
blog "cloaca news", ultimately confirming the urgent measure.

It's the report.

I decide.

Emergency measures are assessed based on a judgment of the plausibility of the allegations. In this case, I do not find that...
There is a prima facie case that justifies granting the requested preliminary injunction.

The matter now being challenged states that a farm belonging to the plaintiff Ana Amélia Lemos was not listed in her declaration of...
assets reported to the Electoral Court. This information, it seems, is not knowingly false, and it appears that the
The controversy lies in whether or not the inclusion of this property in the candidate's asset declaration is mandatory.

Furthermore, the procedure for precautionary measures is quite swift, which makes it impossible to foresee the danger of delay, since the case will be...
resolved with the necessary speed, at the appropriate time for the final decision.

In light of the foregoing, I deny the preliminary injunction.

The defendant is hereby notified to submit a defense within 05 days.

Once the defense has been filed or the deadline has passed without a response, forward the case file to the Regional Electoral Prosecutor's Office.

Then, return the completed report.

Please note the confidentiality of the proceedings, considering that the case file contains confidential information.

Notify them.

On September 21, 2014.
Desa. Liselena Schifino Robles Ribeiro,
Assistant Judge of the Regional Electoral Court of Rio Grande do Sul.