The rumor situation involving Raí's sexuality became serious. The São Paulo court ordered the R7 portal to remove from the air, within 48 hours, all news that mentions the alleged relationship between the former player and TV Globo presenter, Zeca Camargo.
As A Capa had advanced, Raí decided to open a case against the journalist Fabíola Reipert, who maintains a blog on the portal, and published a note about Raí and Zeca, generating all the controversy.
According to the court order, R7 will no longer be able to produce any journalistic notes on the matter. If the rule is broken, the daily fine will be R$2.
R7 portal staff and journalist Fabíola Repeirt did not comment on the matter. Both claim that they have not yet received official notification from the Court.
According to the court petition, Raí also calls for the condemnation of Rede TV! and comedian Rafinha Bastos, who, on his program Saturday Night Live, made a joke about the subject. However, the Court's decision considered that the defendants, Rede TV! and the comedian's program, treated the information only with a "humorous character".
Below is the court decision in full.
"Order Made This is an action for obligation to do and compensation for moral damages, with a request for advance relief, filed by RAÍ SOUZA VIEIRA DE OLIVEIRA against ENTERTAINMENT.R7 (RECORD), FABÍOLA REIPERT, REDE TV, RAPHAEL BASTOS, REDE BANDEIRANTES OF TELECOMMUNICATION, ORKUT AND NEWSPAPER “O DIA”.
The author alleges, in summary, that, from the end of 2011, the defendants began to publish news that he had left his sick wife to live with journalist Zeca Camargo, with whom he was having an emotional relationship.
He maintains that such facts are untrue, for the following reasons: a) the information does not portray his sexual orientation; b) journalist Zeca Camargo is not even part of his circle of friends; c) he is not married nor has there been any health problem in his family or with anyone in his relationship.
The author intends, in this action, to stop the dissemination of untrue information, in addition to compensation for moral damages. Well then. Initially, the limitation of the passive joint venture must be strictly limited, as the number of defendants in this case will compromise the rapid resolution of the dispute.
In fact, from what can be seen from reading the initial statement, the defendants REDE TV, RAPHAEL BASTOS and REDE BANDEIRANTES disclosed the information with a humorous nature. The defendants ENTERTAINIMENTO.R7 (RECORD), FABÍOLA REIPERT and JORNAL “O DIA” would have created the news, a conduct that is much more serious from the point of view of civil liability. Finally, the author himself states that Orkut, like other sites, only republished the information, feeding the news created by third parties.
In this context, based on art. 46, sole paragraph, of the Code of Civil Procedure, I exclude from the defendants of the action the defendants REDE TV, RAPHAEL BASTOS, REDE BANDEIRANTES and ORKUT, against whom the plaintiff must file his own action or actions.
I reaffirm that its continuation in the case will harm the plaintiff himself, as the grounds for holding defendants responsible for illicit conduct are different and such a discussion will certainly result in a delay in the delivery of the judicial provision.
With regard to the defendants who remain on the receiving end, ENTERTAINMENT.R7 (RECORD), FABÍOLA REIPERT and JORNAL “O DIA”, I will now consider the request for early relief. The documents that form the initial petition demonstrate the relevance of the demand, arising from the author's need to stop the dissemination of information that he claims to be false and prevent the misuse of his image.
On the other hand, there is a well-founded fear of irreparable damage or damage that will be difficult to repair, as the spread of news could compromise the conclusion and execution of contracts that have as their object the public image of the author, which constitute one of their sources of income.
I note that, along with the documentation uploaded with the initial document, a simple search on the subject on Google, carried out by this magistrate today, reveals the enormous proportion that the subject has gained. This circumstance reinforces the need to limit the passive consortium, as otherwise all the websites that disclosed the information could appear as defendants.
Due to these successes, I grant specific protection of the obligation, determining the defendants to refrain from broadcasting the news mentioned in the initial report regarding an emotional relationship between the author and the journalist Zeca Camargo, removing those already broadcast from the air, within 48 hours, all under penalty of a daily fine of R$2.000,00. Officially.
The request regarding retraction is rejected, for now, as it cannot be investigated through a simple summary cognition, before the exercise of the adversarial process. I note that this determination does not violate freedom of information, given the alleged lack of veracity of the statements.
Furthermore, according to art. 20 of the Civil Code, unless authorized or necessary for the maintenance of public order, the exposure or use of a person's image may be prohibited, at their request and without prejudice to the compensation that may be due, if they harm their honor or good reputation or respectability.
In the case of the case, it is clear that the information disclosed, even if it were true, is not of public interest, but rather relates to the private life of the author, protected by art. 5°, X, of the CF and by art. 21 of the Civil Code. Quote yourselves. Int. Letter available to the author."
