Monday, April 12, 2021

Record is convicted of moral damages in the case of the murder of actor Rafael Miguel


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Record will have to pay R $ 30,000 in indemnity for moral damages to a couple who ended up mistakenly involved in the investigations into the murder of actor Rafael Miguel (1996-2019) and his parents in June 2019. On that occasion, TV news broadcaster showed the license plate of a vehicle that belonged to Carlos do Espírito Santo and Elaine Cristina da Silva as if it were the car used in the escape of Paulo Cupertino Matias, a man who is said to be responsible for the crime.

The first instance decision came out earlier this month, in a sentence signed by judge Laura de Mattos Almeida, of the 29th Civil Court of São Paulo. THE TV News had access to the document. According to the magistrate, by not blurring the information on the license plate, Record committed “abuse of the right to inform”.

The lawsuit was not opened against a specific news program, but directly against the broadcaster, as the case had repercussions in several news reports. The couple claimed that the license plate and characteristics of their vehicle were displayed on different occasions between June 10 and 18 on Edir Macedo’s network.

The first time, there was no information that Paulo Cupertino Matias had cloned a vehicle to escape. With that, according to what the defense of Carlos do Espírito Santo and Elaine Cristina da Silva claimed in the petition, they came to be seen in the neighborhood as possible accomplices of the person investigated by the crime.

“They argue that the defendant [Record] he went beyond the limits of freedom of the press and information, causing damage, because, after knowing it was a cloning, he continued showing the license plate of the vehicle “, pointed out an excerpt of the sentence.

Even after the police discovered that the license plate was cloned, the news continued to show the details. On June 11, for example, Jornal da Record reported on the case.

“The São Paulo police found the car used by Paulo Cupertino to escape after killing his daughter’s boyfriend, actor Rafael Miguel, and the young man’s parents. After a day of searching, the vehicle was located in the south of the city of São Paulo. , 21 km from the site of the triple homicide. According to the police, the car is cloned “, informed Celso Freitas.

As the anchor read the note, images of the vehicle were displayed, a red Volkswagen UP being towed, with all the data on the license plate visible, without the so-called blur (blur to avoid identification).

General Balance Sheet Interview

On June 12, at the Balanço Geral São Paulo, Reinaldo Gottino and Renato Lombardi interviewed Elaine by phone. “There is a car like this one, original, which is from an honest family that bought the car. The car in which Paulo Cupertino flees from the police is a stolen car, and they put the identical license plate of an identical car,” said the presenter .

At the time, she declined to be identified, but admitted that she learned that the vehicle was being searched for when the police knocked on her door, and the authorities themselves said that the license plate was “in the media”.

“We came across the police at the gate of our house, asking to see the car. Even the car was not in my garage because I rent my place, then they went with us to the garage, they took the car, they brought to the door of my residence, they searched the entire vehicle and they said that the car was being searched for, “she said.

“E [a polícia] said that, even, was in the media. That was when we saw that it was really happening at Record, so I took the car’s documentation to check the license plate. The policeman made the conference. My car has a tracker, that’s how the police found me “, he explained.

Elaine also highlighted all the disorders she and her husband had to face to prove that they had nothing to do with Paulo Cupertino Matias. That day, the Balance Sheet blurred the information on the plaque. Watch below:

Record used this interview as a defense in the lawsuit, in addition to complaining that the couple’s lawyers posted links that they did not open in the petition. “He claims, in short, that there was no excess of abuse on his part, because he always made it clear that the criminal used a cloned vehicle to make an escape,” asked the network’s lawyers.

“In addition, a report was shown with an interview by the author [Elaine], and the presenter made it clear that he was an honest and good person and that he even asked not to be identified in the news story. It requests the dismissal of the action “, requested the defense.

After analyzing the videos, the judge of the 29th Vara Cível de São Paulo understood that Record was wrong during the coverage. “In this case, there was an abuse of the right to inform, because, knowing that it was a cloned plate, there was no need for the defendant [Record] display the license plate of the vehicle, even with the due warning, evidently the damage that such disclosure, due to the relationship with the crime, could cause to the authors [casal]”, wrote Laura de Mattos Almeida.

The defense Carlos do Espírito Santo and Elaine Cristina da Silva asked for R $ 60 thousand in compensation – R $ 30 thousand for each. The court, however, granted R $ 30,000 for moral damages to be divided between the two.

“The disorders endured by the authors with the defendant’s irresponsible conduct
they extrapolated the mere annoyance to which everyone is subject in daily life, causing injury to the right of the personality “, determined the magistrate, in decision of 5 of February.

Record can appeal the sentence. Sought by the report, the broadcaster did not manifest itself until the closing of this text. The couple’s lawyers, Nathalia Bom Sucesso de Melo and Lucas Vinicius de Souza Pereira, explained that the action was to seek redress.

“The situation in which Record exposed our clients has had a major negative impact on their lives. The massive way in which they used to transmit the report ended up bringing a feeling to the victims that they were equated with criminals and, because they are good people, we seek this repair. We won in the first instance, but there is still the possibility of an appeal. We hope that the broadcaster recognizes the error, and that it no longer practices such attitudes, so that other people do not suffer in the same way “, they wrote.



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