Journalist was sentenced to pay an indemnification equivalent to the gross income of his newspaper during one year and a half

Journalist Lúcio Flávio Pinto, editor of Pessoal newspaper, from Belém, Pará, was convicted in first instance for a lawsuit filed by brothers Romulo Maiorana Júnior and Ronaldo Maiorana, who own the biggest communication company in the north of Brazil, the Liberal Group, associated with Globo Network. The reason of the lawsuit was an article published in a book in Italy and reproduced by Pessoal newspaper. 

According to the journalist, the article reveals the beginning of the communication company. The deceased founder was Romulo Maiorana, father of the mentioned brothers. Before purchasing the communication company, he might have been involved in smuggling, which was common in Pará at that time. This fact has become public many years ago, and Província do Pará newspaper had referred to it several times. In order to obtain a broadcast license concession of a television channel, Maiorana used the name of four employees to be the owners of the company – once the Federal Government Security Office had restrictions in their files against the entrepreneur, due to his involvement with smuggling. When the restrictions were revoked, Maiorana officially became the owner of the company.

“I didn’t make any accusation, as this was not a new fact, and it was not even the main aspect of the article. The fact was mentioned only to explain why Liberal TV was not officially owned by Romulo Maiorana since the beginning”, declared the journalist. He also wrote in a letter: “I red with perplexity and indignation the sentence imposed by Judge Raimundo das Chagas, member of the Forth Civil Court of Belém do Pará”.

According to the magistrate, the article offended the communication company founder’s memory, as it is mentioned that he was involved with smuggling in Belem. The judge cites that the article was written due to a “serious misunderstanding” between the journalist and one of the brothers. Pinto clarifies in his letter: “The ‘serious misunderstanding’ was an act of aggression committed by Ronaldo Maiorana against me. The aggression was committed in a restaurant, while I was having lunch with my friends and I didn’t have the chance to defend myself as I was assaulted by surprise. Ronaldo Maiorana was covered by two policemen, who were working as body guards. He assaulted me and left the restaurant unpunished, as he planned. My response was to communicate the event in a police station, with no chance of a flagrante delicto because the offender had escaped. However, the assault was recorded by the camera of a mobile phone and broadcasted by a TV station of Belém”.

The indemnification to be paid for one of the brothers is the amount of 30000 Reais (approx. US$ 15000), plus interests and indexation, besides the payment of the lawsuit costs and attorney’s fees. The journalist was forbidden of using any aggressive, injurious or defamatory expression against the deceased father or one of the brothers. He must also     publish a letter of the brothers, as a right of reply – and the non-compliance of this would result in a new penalty of 30000 Reais.

The amount of the indemnification is equivalent to the gross income of Pessoal newspaper during one year and a half– so the newspaper publication might not be feasible after this payment, but they will appeal against the decision. 

Lúcio Flávio Pinto has been working as a journalist for 47 years. He is now the editor of Pessoal newspaper, a fortnightly publication of Belém since 1987. Lúcio Flávio was awarded during the congress opening ceremony of Abraji as one of the persons who extraordinarily contributed to the Brazilian journalism. As he had to stay in Belém in order to appeal against the lawsuit decision, he was represented by his son, Lívio Cunha Pinto, at the ceremony.