SBT reported this week that it plans to sue Rachel Sheherazade, 50, following her statements in A Fazenda 2023 (Record). In one of her speeches during detention, the journalist stated that she received a warning for expressing her opinions in favor of the Palestinian people while working as a presenter at SBT Brasil (SBT). In another article, she describes an alleged messaging plan to benefit former President Jair Bolsonaro.
Squirt heard experts to understand the possible legal complications of the former presenter in a possible lawsuit by the broadcaster Silvio Santos. According to Natália Amaral, partner in Strategic Litigation at Nascimento e Mourão Advogados, the impact depends on the terms agreed between the journalist and the company.
“The legal consequences depend on the provisions of the contract, but in the event of a breach of confidentiality, in civil law the possibilities of compensation for nonmaterial damage and public revocation are also conceivable,” explains the lawyer.
For lawyer Dinovan Dumas, partner in business law at MFBD Advogados, the key to the problem lies in the possible breach of a confidentiality obligation entered into with SBT.
“In this case, responsibility would arise from noncompliance with this pact to which she agreed. Contracts were made to be fulfilled, by those who hire and those who are hired,” added attorney Dinovan Dumas.
According to lawyer Saulo Stefanone Alle, specialist in constitutional and international law at Peixoto & Cury Advogados, “any company or person who feels offended or whose reputation is damaged by the statements of other people has a reason to file a lawsuit, provided that the case.” sufficient evidence to support their claims.
It is worth mentioning that in September 2022, Sheherazade unanimously won a lawsuit against SBT in the second instance before the Labor Court. In addition to labor rights, the journalist had her claim for compensation for moral damage recognized due to an episode at the “Troféu Imprensa” in 2017. Silvio told Rachel back then during the awards ceremony that she was not set up for political speeches and opinions, as the former SBT Brasil host always used to do on the news bench.
Rachel Sheherazade is in A Fazenda 2023
Rachel Sheherazade reported on episodes that she allegedly experienced during her professional career. Where is the line between freedom of expression and disclosure of confidential information?
For lawyer Natália Amaral, freedom of expression is not an absolute right. “Despite being one of the most relevant fundamental rights in society, freedom of expression is not absolute, as it is limited to cases such as hate speech, insults to honor, dignity and democracy, and when a valid contractual clause prohibits the disclosure of confidential information. “.
Lawyer Saulo Stefanone Alle emphasizes that Brazilian law guarantees everyone freedom of expression, but imposes responsibility for the exercise of this freedom.
“Everyone can be held liable for the damage caused by their demonstrations, without distinction. This is not censorship, it is just a model that aims to balance the legitimate interests of everyone, to express themselves freely and to ensure that their image and reputation are respected,” he adds.
According to the expert, liability can reach both the criminal and civil areas. “Liability in this area has a criminal expression in the area of penalties that restrict rights or freedoms and a civil law expression in the area of compensation. The regulation applies to everyone, including on social networks.”
What those mentioned say:
Rachel Sheherazade is a former presenter at SBT Brasil
When contacted by Splash, the SBT press office confirmed that it still intends to sue Rachel Sheherazade and that it has nothing further to explain. The report also questioned whether the journalist’s statements violated the terms of a possible confidentiality agreement signed at the time of her hiring. However, Silvio Santos’ broadcaster preferred not to comment on the matter.
The report also contacted the moderator’s defense team. “I have nothing to say about that. SBT has every right to judge whether it wants to sue someone or not. You have to see if it fits. Everyone has the constitutional right to sue, but I have nothing to say about SBT’s positioning,” said lawyer André Fróes de Aguilar.
SBT has examined the lawsuit against Rachel Sheherazade following her statements in A Fazenda 2023 (Record).
In one of her speeches during detention, the journalist stated that she received a warning for expressing her opinions in favor of the Palestinian people while working as a presenter at SBT Brasil (SBT).
“I made a comment on the IsraeliPalestinian problem, the ArabIsraeli conflict. And I became ‘inflamed’. [chamada de atenção] because the owner of the station was Jewish,” Rachel said.
In another article, she describes an alleged messaging plan to benefit former President Jair Bolsonaro.