Post by xyz3800 on Feb 27, 2024 22:38:49 GMT -5
The decision is from the 10th Civil Chamber of the Court of Justice of Rio Grande do Sul, confirming the sentence that dismissed the compensation action handled by the chain and its owner, Santa Catarina businessman Luciano Hang. Each of the authors had requested at least R$20,000 as compensation for moral damages. The judge-rapporteur Jorge Alberto Schreiner Pestana denied the authors' appeal for not seeing illicit conduct in the dissemination of the information contained in the text. "News that, analyzed in the context in which it was presented, occurred in the exercise of freedom of expression, as it is supported by portraits of reality, as the data indicating that the Havan group took advantage of a loan from BNDES is publicly accessible , as well such as the existence of a conviction in the 2nd Degree of jurisdiction for facts involving tax evasion (although the criminal statute of limitations was recognized by the STF)", recorded in the ruling.
Compensation action The news – titled " Havan: expansion with public money and tax evasion" and signed by journalist Flávio Ilha – was published on February, bringing accusations about the authors' conduct in the business sphere. According to them, the article was published with the purpose of defaming them, as it is based on false facts and/or outdated data. They maintained that the financing lines contracted with the Exit Mobile Number List National Bank for Economic and Social Development (BNDES) were never the "engine" for Havan 's expansion and that they never evaded taxes. Unfounded sentence Judge Leandro Raul Klippel, from the 12th Civil Court of the Central Forum of Porto Alegre, dismissed the action as unfounded, as he understood that press vehicles and journalists can only be held responsible when they publish facts that they know to be false, with the clear intention of offending the honor of third parties.
And this was not the case in the case, as the alleged abuses were not proven by those who should have committed them: the authors of the compensation action.According to the judge, the authors' own narrative proves that the facts described in the journalistic article are true, as Havan took out loans intermediated by private banks authorized to operate with BNDES lines. In fact, the defendant union, after publication, granted the authors the right to reply. The judge also did not see excesses in linking Havan to legal proceedings brought by the Public Ministry, as in some cases the company was convicted and, in others, acquitted.The legislative initiative determining that the Attorney General of the National Treasury is exempt from contesting, offering counterarguments and filing appeals in cases in which the Federal Supreme Court has decided in a manner contrary to the Tax Authorities deserves praise. Even more commendable is the determination ordering tax auditors not to constitute tax credits falling within the hypotheses indicated in those described.
Compensation action The news – titled " Havan: expansion with public money and tax evasion" and signed by journalist Flávio Ilha – was published on February, bringing accusations about the authors' conduct in the business sphere. According to them, the article was published with the purpose of defaming them, as it is based on false facts and/or outdated data. They maintained that the financing lines contracted with the Exit Mobile Number List National Bank for Economic and Social Development (BNDES) were never the "engine" for Havan 's expansion and that they never evaded taxes. Unfounded sentence Judge Leandro Raul Klippel, from the 12th Civil Court of the Central Forum of Porto Alegre, dismissed the action as unfounded, as he understood that press vehicles and journalists can only be held responsible when they publish facts that they know to be false, with the clear intention of offending the honor of third parties.
And this was not the case in the case, as the alleged abuses were not proven by those who should have committed them: the authors of the compensation action.According to the judge, the authors' own narrative proves that the facts described in the journalistic article are true, as Havan took out loans intermediated by private banks authorized to operate with BNDES lines. In fact, the defendant union, after publication, granted the authors the right to reply. The judge also did not see excesses in linking Havan to legal proceedings brought by the Public Ministry, as in some cases the company was convicted and, in others, acquitted.The legislative initiative determining that the Attorney General of the National Treasury is exempt from contesting, offering counterarguments and filing appeals in cases in which the Federal Supreme Court has decided in a manner contrary to the Tax Authorities deserves praise. Even more commendable is the determination ordering tax auditors not to constitute tax credits falling within the hypotheses indicated in those described.