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Congressman rapporteur of bill on cryptocurrencies wins in court lawsuit against fake news


Expedito Netto cited the company founded by Claudio Oliveira

Federal deputy Expedito Ferreira Netto (PSD-RO), who was the rapporteur of the Bill on cryptocurrencies, obtained a preliminary injunction in court to remove the news that he had traveled to Miami during Covid-19.

Judge Ilisir Bueno Rodrigues, from the 7th Civil Court of Porto Velho (RO), ordered that the news be removed from the air in 24 hours under penalty of a daily fine of R $ 1,045.00. If the order is not fulfilled, the defendants risk paying up to R $ 10,540.00.

In the action, the congressman stated that he was the victim of fake news with the intention of "damaging his image, mainly because the election is approaching".

Netto then explained that an article was published stating that he had traveled to Las Vegas in May this year, disregarding the recommendations of health agencies.

The news was propagated by Facebook and WhatsApp of the defendants. There is no date for the trip. The decision for early relief, however, points out that the text published on May 4th induces “the recipient to believe that such a trip took place in May, in the midst of the coronavirus pandemic”.

Travel based on cryptocurrencies

The parliamentarian said that the trip mentioned was made before the pandemic and as a parliamentarian to seek information on cryptocurrencies.

As he composes the Special Commission of the Bill 2.303 / 2015, which deals with the inclusion of virtual currencies and frequent flyer programs, he explained that “between December 6 to 13, 2019 he went to Las Vegas / Nevada / USA, on a mission to seek knowledge on this subject ”.

He added to the records vouchers that attest to the date of the trip that had “tickets and per diem paid for by the Chamber of Deputies of Rondônia”.

Limits to freedom of expression

The judge handling the case, therefore, said that citizen oversight of elected candidates is “fundamental to the exercise of democracy and the country's growth,” however, according to the magistrate, it must be exercised responsibly and based on in true information, properly verified.

“In the case under analysis, the posting made by the first defendant and propagated by the others exceeded the limit of freedom of expression and expression, since the publication accuses the applicant of traveling to Las Vegas, an internationally known tourist destination, at the expense of the Legislative Branch , in the middle of a coronavirus pandemic ”.

In Rodrigues' view, the news would aim to reach “the image of the public man, since such publication is not substantiated with evidence of its occurrence”.

Member's requests

The federal deputy asked in court that the defendants should be ordered to pay R $ 10,000 in compensation for moral damages. The petition also included the request for emergency relief for the removal of material from the air, which was answered by the courts.

The other preliminary request for public retraction of those involved, however, was not upheld by the judge of the 7th Civil Court of Porto Velho, as it “demands an evidentiary delay”. In other words, it will still have to be analyzed after hearing the defendants.

Rapporteur on the cryptocurrency regulation project

Deputy Expedito Netto, at the end of last year, actively participated in the debates around the regulation of cryptocurrencies in the country.

In October, Netto had summoned Grant Thornton, an auditing company that attested to the existence of 15 thousand in Atlas Quantum, for a debate on possible studies in progress or completed on “the development of new technologies in our country and what would be their impacts ”.

As rapporteur for one of the cryptocurrency regulation projects, Netto in December 2017 came to defend the ban on the issuance of cryptocurrencies in the national territory, as well as the commercialization, intermediation and means of payment.

At that time, the legislative proposal by federal deputy Áureo Ribeiro (Solidariedade / RJ) was being discussed. The project originally aimed to regulate cryptocurrencies and air miles as payment arrangements to be controlled by the Central Bank.

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