The Affirmative Court of Appeal of Lisbon – ES recognizes the first instance of Vice-President Pedro Frazão, sentenced by Francisco Louçã in agreement with Banco do Espírito Santo (It states that Francisco Louçã is in agreement with Banco Espírito Santo).
In the judgment of the Court of Appeal, the judges, who rejected a request for defense of all document nullities and refused on the grounds of Pedro Frazãoupholding the decision of the first instance, which confirmed Francisco Louçã, former leader of Bloco de Esquerda, in the claim that the statements made by Frazão on the social network Twitter harm his right to honor.
Consider, however, demanding the part of the authority in the first instance that obliges to publish the decision in its entirety, leaving Pedro Frazão only to publish an acknowledgment of guilt in fact declared: BES’s agreement, so in Court it was wanted that the statement convicted of false and issue on Twitter and post a disclaimer on Twitter and post a disclaimer on Twitter“.
The judges state that “judges offer no doubt that the publication offends the author [Francisco Louçã] violating your right to honor“, when stating that this is “receives a public bird from the Bank and does so in a context known to everyone, in which any association with the performance of this Bank is the object of an unfavorable judgment in space and, moreover, that this agreement is obscure ”.
“We consider the factors and statements to be gratuitous, because made without reservation or verification, even incipient, in fact, false harmful to the right to honor of a person with public and political intervention and visibility, made by someone who intervenes as a political actor in the public space and in the context of this intervention, calls for a pressing need for intervention in freedom of expression in order to affirm with equal information the false nature of the affirmed fact”, defend the judges.
For the judges of the Lisbon Court of Appeal, “the defendant was absolutely disinterested in the truth or even the verisimilitude of the fact he claimed”so society exists legally for a “restriction of necessary freedom of expression, in confrontation with the right to honor”.
On February 11, he condemned the president of Chegada Pedro Frazão to a vice president of Chegada Pedro Frazão to portray himself as the vice president of a translation on Twitter in which he alleged that former blockist leader Francisco Louçã received a meaning from BES .
At issue was a publication by Pedro Frazão on his official Twitter account, in November 2021, in which he claimed that Francisco Louçã had received an agreement from Banco Espírito Santo (BES), also stating that the bank in question was “a big donor of the Left Bloc campaigns”.
In the decision of the Cascais Court, it is considered that the publication in question is and that “such declarations are lawful of the right to honor” of Francisco Louçã.
In this sense, the judge sentenced Pedro Frazão to, “within five days”, “delete the publication on November 14, 2021, at 8:43 pm, from his account on the social network Twitter”, given that, “not complying with the , will be punished with a pecuniary penalty of 100 euros for each day of delay in compliance”.