RIO DE JANEIRO, BRAZIL – Judge Jorge Mussi of the Superior Court of Justice (STJ), Brazil’s second-highest court, yesterday suspended the inquiry against Folha de S. Paulo journalist Hélio Schwartsman, investigating an alleged crime for the publication of the article entitled “Por que torço para que Bolsonaro morra” (Why I hope that Bolsonaro dies), written in July by Schwartsman.
According to Judge Mussi, while the article may be subject to criticism, in a preliminary review it is impossible to ascertain that there has been any political motivation, actual or potential injury to values protected by the National Security Law, which could justify the journalist’s conviction. According to the judge’s ruling, the inquiry should be suspended until the journalist’s writ of habeas corpus is analyzed.
Schwartsman was scheduled to testify before the Federal Police on Wednesday, August 26th, and according to the judge, this demonstrates the risk of delay in the trial of the case, one of the reasons for granting the preliminary injunction.
According to the case file, the Minister of Justice and Public Safety, André Mendonça, using provisions of the National Security Law (Law 7.170/1983), requested the police to open an inquiry to investigate offenses to the honor and dignity of President Jair Bolsonaro allegedly contained in the article.
What Schwartsman’s defense says
According to the journalist’s defense counsel, there are no valid grounds for a criminal conviction, since the article did not harm Bolsonaro’s physical integrity or health, nor would it qualify as slander and defamation. The attorneys claim that Mendonça’s request directly affects the constitutional freedom of expression and of the press.
The ANJ (National Association of Newspapers) criticized the columnist’s subpoena last Friday, August 21st, and stated that “it considers that, in a democracy, any police investigation of opinions published in the press, such as that expressed by Hélio Schwartsman in Folha de S.Paulo, is inappropriate.” The ANJ notes that the Brazilian Constitution, in its Article 5, item IV, defines “the free expression of thought”.
Source: UOL