Despite restricting freedom of expression, the Court’s judgment protects journalists’ rights to reputation by finding that although freedom of expression is important, it can be limited by other equally important rights, such as reputation, honor, and dignity. The decision aligned with international norms on freedom of expression, such as Paragraph 3 of Article 19 of the International Covenant on Civil and Political Rights, in line with General Comment 34 of the United Nations Human Rights Committee.
This case is the second Campos Mello has won against the Bolsonaro family. In a similar case against Bolsonaro’s son, Eduardo, who suggested in a video that she had tried to “seduce” a source to harm his father, Hans River, the alleged “source”, was also sentenced to pay compensation for moral damages to the journalist due to the malicious and false comments he made against her during his testimony in the Parliamentary Inquiry Commission on Fake News. However, the Court of Justice overturned the first-instance decision, and now the case awaits a new trial.
Campos Mello has authored several investigative reports on groups using WhatsApp to disseminate messages primarily in favor of Bolsonaro during the Brazilian presidential campaign of 2018.
Bolsonaro has a complicated history in his relationship with journalists and criticism of his presidency as the head of the Republic, having already been ordered to pay compensation for moral damages in other lawsuits.
The decision establishes a binding or persuasive precedent within its jurisdiction.