43
154. During this criminal action, the former Secretary Cândido Martins testified that,
during the said press conference, he “analyzed with the journalists the fragments that the
[television] network had broadcast previously; that [he] did not hand over or disseminate
any extract from the recordings, […] merely responding to the questions posed by the
journalists concerning the fragments that had already been broadcast on television.”146
However, the Court notes that the journalists called to testify during the criminal action
against the former Secretary of Security stated in their testimony that he made those
present at the press conference listen to some of the recorded tapes and that copies of the
transcript of several conversations were distributed to the journalists. In this regard, the
journalist Evandro César Fadel declared that, during the conference, the press secretary of
the Secretariat of Security handed the journalists a copy of the transcript of short portions
of the conversations.147 The journalist Fabiana Prohmann stated that “during the interview a
recording of the telephone interception was transmitted and the text of the said recording
was distributed to the journalists; on the basis of this information, the deponent prepared
the report that was published next day.”148 Similarly, the journalist Luciana Pombo declared
that “following the interview, the press secretary of the Secretariat of Public Security
handed out material with recorded tapes to the radio and television media and written
extracts to the newspapers.”149
155. The news reports on television coincided with the testimony of the witnesses and, in
addition, affirmed that the former Secretary of Security presented new extracts of the
recordings during the press conference. One of the videos in the case file shows the image
of a person reading a text entitled “Recorded conversations of MST leaders (the recordings
were obtained with the authorization of the courts),” and states that “yesterday afternoon,
the Secretariat of Security disseminated new extracts from the interception of telephone
calls made by the landless [workers].”150 In another video, the reporter states that “during
the late afternoon, the Secretary of Security Cândido Martins de Oliveira gave a collective
interview during which he disseminated new portions of the recordings of the telephone
conversations of members of MST,” and showed an audio of a recorded conversation that
allegedly was part of “one of the fragments disseminated today [June 8, 1999].”151
156. Accordingly the Court concludes that the former Secretary of Security did not merely
comment on the material presented previously on the news program. Cândido Martins let
other people hear fragments of the recordings, based on which diverse reports were
prepared for the written and televised media, and he even may have distributed new
portions of the recordings, according to the journalists’ testimony. The Court emphasizes
that, at no time, was it argued or proved that this dissemination occurred with judicial
authorization or that the purpose of this dissemination was authorized by law, as required
by Article 10 of Law No. 9,296/96 in order to breach judicial confidentiality.
157. The Court finds that, on this second occasion, in the same way as for the
dissemination of June 7, 1999, there was interference in the private life and in the honor
and reputation of the victims. Even if their conversations were not specifically reproduced
by the press, the information disseminated in this case by the State alluded to activities of
146
Testimony of the former Secretary of Security of August 6, 2001, supra note 143, folio 2730.
147
Cf. Testimony of the journalist Evandro César Fadel, supra note 80, folios 1438 and 1439.
148
Testimony of the journalist Fabiana Prohmann, supra note 80, folio 1482..
149
Testimony of the journalist Luciana Pombo, supra note 81, folio 1443.
150
Cf. Video recordings of two news items shown on the national news programs on June 8 and 9, 1999, supra
note 81.
151
Cf. Video recordings of two news items shown on the national news programs on June 8 and 9, 1999, supra
note 81.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos