Be careful what you post on social media. According to a decision by the São Paulo Court of Justice, in Brazil, a woman must compensate her ex-husband for a message sent to her new girlfriend, in a private message, via Facebook. Find out more.
As freedom of expression finds limits in the right to honor, accusing someone on social media without evidence goes beyond the right to criticism, even in a private conversation. This is what the 1st Chamber of Private Law of the Court of Justice of São Paulo understood when determining that a woman compensate her ex-husband with R$4,000 for a message sent to his new girlfriend, through Facebook.
She recommended caution and alleged that, during the marriage, she was humiliated and attacked, having two broken ribs and an arm. She also called her ex-partner a “malefactor”, “dog”, “trash”, “gigolo” and “marginal”. When the man saw the text, he filed a lawsuit claiming he had suffered moral damage.
The defendant confirmed having written these words, but said that she only reported facts that actually occurred and that the message was intended for just one person, without being publicly visible, with the aim of alerting them to the author's aggressive behavior.
The first degree court condemned the person responsible for the publication. She appealed, but the decision was upheld by the TJ-SP. Second-degree substitute judge Elói Estevão Troly, rapporteur of the case, considered that the defendant's conduct “exceeded reasonableness and constituted an abuse of her right to free expression”, because at no point did she present proof of the attacks, such as a police report or record. hospital.
The author wanted to increase the amount of compensation set in the sentence, but the rapporteur considered the amount adequate. The understanding was unanimously followed.
Source: Conjur
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