Court orders Soraya Thronicke to pay R$50,000 to Alfredo Gaspar for rape accusation

Alfredo Gaspar and Soraya Thronicke — Photo: Montagem/g1

The Alagoas Court sentenced, this Friday (9), senator Soraya Thronicke (PSB-MS) to pay R$50,000 in compensation for moral damages to federal deputy Alfredo Gaspar (PL-AL), candidate for vice president on the ticket of Flávio Bolsonaro (PL). The conviction occurred after the parliamentarian accused him of rape of a 13-year-old girl.

The judge understood that the statements were made without sufficient evidence to support the accusation and exceeded the limits of parliamentary immunity. The decision is of first instance and can be appealed.

The sentence was signed by judge Henrique Gomes de Barros Teixeira, from the 3rd Civil Court of Maceió. According to the magistrate, the statements affected the deputy's honor and reputation, mainly due to the seriousness of the accusation and the repercussion in media outlets and social networks.

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In the decision, the judge highlighted that parliamentary immunity, which guarantees protection to deputies and senators for demonstrations related to the exercise of their mandate, is not absolute.

"It is true that immunity cannot be converted into safe conduct for the attribution of criminal acts that are absolutely dissociated from minimally suitable supporting elements", stated the magistrate.

Soraya's defense argued that the statements were related to the exercise of parliamentary mandate and the monitoring of possible irregularities.

The judge, however, rejected the argument. For him, in the circumstances of the case, a direct and necessary relationship between the accusations and the senator's parliamentary activities was not demonstrated.

According to the ruling, the statements were made outside the National Congress and later published by media outlets and digital platforms.

The judge highlighted that demonstrations carried out outside the legislative environment can also be protected by parliamentary immunity, as long as they are related to the exercise of the mandate.

For the judge, Soraya's statements exceeded the limits of political criticism by attributing to the deputy the commission of a sexual crime without sufficient objective elements to support the accusation.

The judge also considered the seriousness of the charge and its public repercussion when determining the amount of compensation.

In addition to R$50,000 for moral damages, the senator was ordered to pay procedural costs and legal fees, set at 10% of the updated value of the conviction.

Understand the case

Flávio Bolsonaro and Alfredo Gaspar in Natal — Photo: Kléber Teixeira/Inter TV Cabugi

The action for moral damages was filed by Alfredo Gaspar after statements by Soraya Thronicke that associated him with an accusation of rape of a vulnerable person.

The accusation was also taken to the authorities by federal deputy Lindbergh Farias (PT-RJ). The parliamentarians pointed out that Gaspar had had sexual relations with a 13-year-old girl, which would have resulted in the birth of a child.

The case was investigated by the Federal Police and processed at the Federal Supreme Court (STF).

This week, Minister Gilmar Mendes ordered the investigation to be closed, in response to a request from the Attorney General's Office (PGR).

The Prosecutor's Office had requested the investigation be closed due to a lack of sufficient evidence and contradictions in the testimonies of those involved.

From the beginning, Alfredo Gaspar denied the accusations and even asked the STF to speed up DNA tests to clarify the case.

Reading of the final report. Rep. Alfredo Gaspar — Photo: Kayo Magalhães / Chamber of Deputies

In the sentence, the judge also mentioned the production of genetic evidence for comparison purposes and highlighted the absence of sufficient elements to support the accusation made against the deputy.

The judge considered the STF's shelving of the investigation when analyzing the senator's civil liability.

The two procedures, however, have different purposes. While the criminal investigation sought to investigate the suspicion of crime, the action in the Alagoas Court analyzed whether the statements caused moral damage to the deputy.

In the decision, the judge highlighted that criticism and questioning of public agents are part of the democratic debate, but that freedom of expression and parliamentary immunity do not authorize the attribution of crimes without elements to support the accusations.

The sentence can still be challenged by appealing to the Court of Justice of Alagoas (TJAL).