Judge Gláucia Barbosa Rizzo da Silva, of the Federal District Court of Justice (TJDFT), denied a request for retraction and compensation of R$20,000 for moral damages presented by former president Jair Bolsonaro (PL) against president Luiz Inácio Lula da Silva (PT) for statements about furniture at Palácio do Alvorada.
At the beginning of 2023, Lula complained that the former president had disappeared with 83 pieces of furniture from the Palácio da Alvorada. In March this year, the government reported that 261 items were located and that they were in “various dependencies” of the palace. After the furniture was found, Bolsonaro’s defense team sued Lula because they understood that he tried to attribute untrue facts to the former president with the aim of tarnishing Bolsonaro’s reputation.
When analyzing the case, Gláucia Barbosa said that Lula’s speeches against Bolsonaro about the furniture are “intrinsically linked to the exercise of the office” of President of the Republic.
She also highlighted that Bolsonaro could not have gone to court against Lula personally, but against the Union. “Considering that the alleged practice of the act concerns public goods and that this circumstance links the defendant’s statements [Lula] to exercise the position, I recognize, ex officio, its passive illegitimacy”, stated the judge.
“Any claim for compensation and retraction must be exercised to the detriment of the State. The defendant would only be entitled to respond for any damages caused by his conduct, commissive or omissive, in the event of a regressive action filed by the corresponding administration entity to which he is linked “, he added.
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