Marcos Harter suffered a new defeat in the process for moral damages that moves against Globo. After being expelled from BBB17 for “signs of physical aggression”, the doctor blamed the broadcaster for damaging his image and asked for compensation of R $ 750 thousand. He was not served and was still punished with the payment of 10% of the share value. Upset, he filed an embargo request, with the aim of reversing the decision, but again he was rejected.
Judge Ana Lúcia Xavier Goldman, of the 28th Civil Court of São Paulo, filed her decision on Thursday (11), in which she rejected all the arguments of Harter’s defense and summoned him to define what he will do in the face of the refusal.
The report had access to the 15-page embargo request document. The ex-BBB’s defense showed its lack of formality with the fact that Globo did not deliver in court the recordings made in the reality show’s confessional, in which Emilly Araújo allegedly denounced the ex-boyfriend for physical aggression within the program.
The doctor will have up to 15 days to decide whether to comply with the initial sentence and pay the fine of R $ 75,000, or whether to appeal for the second instance assessment. THE TV News he called Luiz Fernando Villela Nogueira and Bruno Zilberman Vainer, lawyers representing Marcos Harter, but no one was found until this text was published.
Understand the case
Marcos Harter was expelled from BBB17 on April 10, 2017. He was denounced by the Public Ministry of Rio de Janeiro, but was eventually acquitted by the Court of Justice.
In the petition, made in early 2020, the surgeon’s defense claimed that he waited almost three years to file the lawsuit against Globo to prove that Emilly Araújo had no intention of reporting him for assault – the BBB17 champion never entered with a lawsuit against the surgeon.
Although he was not convicted, the judge understood that Globo acted correctly, considering that the station collected evidence that pointed out the doctor’s aggressive behavior.
“In this scenario, the aggression existed, and authorship by the
images and testimonies of the participant Emilly, and the materiality of the report on the examination of the body of the crime, with no further criminal investigation due to the lack of representation of the victim [Emilly] to initiate criminal action, as required by the governing law, “said the magistrate in the order filed on January 26.
Globo still had to open the black box and send the recordings of the conversations held by the program team with Harter and Emilly to court. The surgeon’s defense claimed that the broadcaster had not sent all the requested videos. Justice understood that it already had enough.
“Any other conversations held between Emilly and the production of the program, which the author claims were deliberately omitted by the defendant, do not interfere with the fact that Marcos, at a given moment in the program, including more than once, physically assaulted the author, clenching his fists and arms, causing small bruises “, highlighted the decision.
Judge Ana Lúcia Xavier Goldman also pointed out that the fact that Harter remains in the media after the expulsion, with a fan base and participation in A Fazenda, prove that his image was not harmed by Globo’s decision.
The first instance ruling determined that Harter will have to bear “the costs, procedural costs and attorneys’ fees arbitrated at 10% of the value of the case”.