Case Summary and Outcome

The Curitiba Civil Court granted an injunction requiring a journalist, Marcelo Auler, to take down a blog in which he accused a Federal Marshall of leaking information regarding “Operação Lava-Jato,” a police investigation into a corruption scandal in Brazil.

Facts

On March 17, 2016, journalist Marcelo Auler published a blog entitled, “New Minister of Justice Fought Against Phone Call Leaks and was Victimized”. The blog accused a Federal Marshall of being responsible for leaks during the early stages of the police investigation “Operação Lava-Jato” (a high profile investigation into corruption and money-laundering). The leaked information was later published by the media.

Auler claimed that the Marshall had taken similar measures in previous investigations and noted that her actions were, in part, motivated by a desire to limit the government’s ability to politically influence ongoing investigations.

The Marshall filed a lawsuit requesting indemnity and the blog’s immediate removal, arguing that the accusations cast doubt on her reputation and questioned her professional integrity.

Decision Overview

On March 30, 2016, Judge Barros Guimarães granted a provisional injunction pending Auler’s defense. The judge considered that Auler’s allegations, without any proof to substantiate them, caused harm to the Marshall’s professional reputation. The judge held that because it concerned a provisional injunction granted with the objective of preventing harm, no actual damage to reputation needed to be proven. The judge ordered Auler to take down the blog within twenty-four hours on pain of a daily fine of 400 Brazilian reals up to a maximum of twenty days.