Judges recognize journalistic content of CENARIUM and deny exclusion of articles: ‘legitimate broadcasting’

The Amazonas Court of Justice (TJ-AM) headquarters. (Reproduction)

March 9, 2022

16:03

Marcela Leiros – from Cenarium Magazine

MANAUS – The judges of Amazonas Márcio Rothier Pinheiro Torres and Antônio Carlos Marinho Bezerra recognized the validity of two journalistic contents published by CENARIUM and denied the exclusion of the texts. The first one judged the action referring to the investigative report against the wife of the vice-governor of Amazonas, Carlos Almeida (PSDB), the student Tarciana Almeida. According to the sentence of judge Rothier, the story was a “legitimate broadcasting of news to the people”. Antônio Carlos dismissed the writ of mandamus for the removal of the report about the commissioner of the Civil Police of Amazonas, Mário Jumbo Aufiero, receiving R$ 43 thousand of salary without working for 15 years.

Both decisions were issued on February 25 of this year. The magistrate Márcio Rothier Pinheiro Torres concluded that the action filed by Tarciana’s former companion, Glenis Gomes Steckel, was not presented in an “excessive manner”, claiming also that “the author is cited without making any value judgment”. The judge pointed out that the document used as a source for the report “reveals the origin and the background of veracity of the matter”, thus concluding “it is not about fake news”. (See the decision in full below)

This is the second decision of Justice, related to this matter, granted with a favorable opinion to CENARIUM. In September last year, the Third Civil Chamber of the Court of Amazonas (TJAM) determined that the same report was to be aired again on the company’s communication channels.

Read also: CENARIUM MAGAZINE wins, in the AM Justice, the right to return investigative story to the air

As reported by CENARIUM at the time, Tarciana Almeida answered in court for three crimes: forgery of documents, use of false documents and swindling. Carlos Almeida’s wife denied the illegalities, which she was accused of together with her ex-husband and ex-partner Glênis Gomes Steckel, known as ‘Catatau’. He was defendant in four other criminal actions, among them the forgery of documents to obtain income tax (IR) refunds.

Commissioner Aufiero

The decision of the judge Antônio Carlos Marinho Bezerra, of the 12th Court of the Special Civil Court, dismissed the injunction requested by the defense of Mario Jumbo Aufiero, who claimed that the publication about the commissioner would be “offensive”. The magistrate understood that “the scenario involving the plaintiff, who is a public person, had been published in November 2021, therefore, about three months ago [prior to the injunction action], and therefore “eludes the granting of injunctive relief pleaded by the plaintiff.

“In this summary cognition judgment, I understand that the elements of conviction that support the initial petition do not sufficiently evidence the probability of the right alleged able to give rise to the granting of the provisional remedy claimed resulting from the exercise of summary cognition of urgency”, the judge quoted.

Excerpt from the judicial decision issued by judge Antônio Carlos Marinho Bezerra. (Reproduction)

According to CENARIUM‘s investigative report, Mario Jumbo Aufiero was forced to return to normal activities in the Amazonas Civil Police (PC-AM) after 15 years exercising the presidency of the Association of Police Delegates of the State of Amazonas (Adepol-AM). During this period, he received up to R $ 43 thousand monthly salary by the General Precinct.

Read also: In the AM, commissioner received R$ 43 thousand without doing work for 15 years; Justice determines return to work

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