Janaina Ballaris speaks out about the court decision involving a lawyer
The court sentenced the councilor from Praia Grande (SP) and former Flamengo and Santos player, Whelliton Augusto Silva (PL), and his wife, the former councilor Janaina Ballaris Silva, to compensate a lawyer with R$20,000 for offenses committed by the couple on social media.
The decision also provides for the exclusion of publications related to the authorship of the action. In case of non-compliance, a fine of R$1,000 per day will be imposed. The defense said it will appeal the decision.. (read more below)
According to her, even though the court closed the client’s case after accepting a request from the São Paulo Public Prosecutor’s Office (MP-SP), the couple began to publicly attack her.
Judge Sérgio Castresi de Souza Castro, from the 3rd Civil Court of Praia Grande, gave the sentence that guaranteed compensation for moral damages to the lawyer. In the decision, dated January 20, he pointed out that the defenses presented by the couple corroborate the thesis that the lawyer was “systematically persecuted and attacked”.
“The evidence brought to the file proves that the public demonstrations of the defendants Janaína and Whelliton fall into the alignment of gratuitous attacks on the author’s professional performance as a lawyer, with the clear purpose of dishonoring her, including in the personal sphere, and harming her before its clientele and society”, pointed out the judge in the sentence.
Therefore, although the defendants claimed that Natasha and her client had political and financial interests and, therefore, were in a “plot” to attack them, the judge understood that the lawyer did not engage in any activity that went beyond the legitimate practice of law. .
In 2022, Letícia Almeida Holanda de Albuquerque filed a complaint with the Praia Grande City Council against the councilor. She stated that she had borderline personality disorder (characterized, for example, by impulsive behavior and mood swings) and that the alleged rape caused severe psychological distress, triggered suicidal thoughts and caused her to be urgently hospitalized.
In the complaint about “abuse of authority”, the woman claimed to have been persecuted by agents from the Praia Grande Municipal Civil Guard (GCP), who were sent at the behest of Whelliton Silva.
He and his wife Janaina denied the accusations, and the court closed the case after accepting a request from the MP-SP. After the episode and friction between the parties, the professional took action against the couple.
At the time, the lawyer told the g1 having filed a compensation action against the couple because of “their image being shared in the media” by them, “certain that they can expose situations on their social networks and defend themselves correctly, which is very different from defame, offend and expose in a pejorative manner”.
In a statement, the couple’s defense stated that they did not agree with the decision that upheld lawyer Natasha’s requests as they understood that there had been no illicit or abusive conduct on the part of the clients. “They only exercised their right to defense and freedom of expression, in the face of the unfounded and slanderous accusations made against them by the author and her client”, says the text.
Janaina and Whelliton’s representatives highlighted that the court decision made a mistaken assessment “by relying almost exclusively on the lawyer’s professional immunity” and, according to the defense, ignoring that the couple also has immunities and rights that were violated.
The defense, therefore, highlighted that it will appeal the decision, seeking to reform the sentence and dismiss Natasha’s requests. “We trust in Justice and the truth of the facts. We will not be intimidated by the attempts at censorship that the author (lawyer) has been promoting against our clients, who are public and respected people in society.”
Still according to the couple’s representatives, Janaina would have used social media to defend herself against attacks on her honor, while Whelliton made a speech at the City Council, in front of the other councilors, citing the testimony of Letícia’s father (who had denounced them for rape), who would have said that Natasha would be interested in the outcome of the actions she sponsors.