Case Summary and Outcome

The Curitiba Civil Court granted an injunction to a Federal Marshall, Marcelo Moscardi Grillo, ordering the immediate removal of a blog by a journalist who accused him of engaging in illegal acts.

Facts

On February 11, 2016, the journalist Marcelo Auler published a blog accusing a Federal Marshall, Marcelo Moscardi Grillo, of ordering individuals in the Federal Police Headquarters in Curitiba to commit acts of questionable legality. Mr. Auler claimed that these acts were paid for by “secret” third parties and strongly implied that the “secret” third party was, in fact, Mr. Grillo.

In April 2016, Auler reported that Grillo was transferred to the police department responsible for overseeing “Operação Lava-Jato”, a major corruption investigation. Auler stated that Grillo’s replacement at Curitiba Federal Police Headquarters was seen by his previous colleagues in a much more favorable light. Auler also publicly queried Grillo about his actions.

In response, Grillo filed a lawsuit claiming indemnity and demanding the immediate removal of the blog. Grillo claimed that Auler lied and harmed his reputation.

Decision Overview

On May 5, 2016, the Curitiba Civil Court granted Grillo a provisional injunction pending Auler’s defense.

The Court found that Auler’s blog contained serious accusations that harmed Grillo’s reputation. The Court emphasized that Auler had made the accusations on multiple occasions without providing evidence. The Court found that the blog was particularly damaging in light of Grillo’s position on the investigative committee on “Operação Lava-Jato.” The Court ordered the removal of the blog and also ordered Auler to refrain from republishing the allegations on pain of a penalty.