BRASÍLIA, DF (FOLHAPRESS) - Businessman Fábio Luís Lula da Silva, known as Lulinha, took legal action to overturn a video published by senator Flávio Bolsonaro (PL) that links the son of the President of the Republic to suspected INSS embezzlement.
Lulinha sues Flávio Bolsonaro for video about suspected embezzlement in the INSS
BRASÍLIA, DF (FOLHAPRESS) - Businessman Fábio Luís Lula da Silva, known as Lulinha, took legal action to overturn a video published by senator Flávio Bolsonaro (PL) that links the son of the President of the Republic to suspected INSS...
The video calls Lulinha "suspected of having stolen millions of elderly people in Brazil." Elsewhere, it says that "the theft of old people from the INSS cannot go unpunished." Lulinha asks the Court to grant a preliminary decision, that is, before the final judgment of the case, to remove the publications made on the senator's profiles on X and Instagram...
- The businessman also asks Flávio to pay R$10,000 for moral damages and for the Court to recognize that there was an "abuse of rights" in the dissemination of the images and the use of AI...
- The action was filed on Tuesday (18), the same date that Lulinha opened a similar lawsuit against another candidate for president, Romeu Zema (Novo), and requests the removal of a video...
- The two cases are being processed in the São Paulo Courts.
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Lulinha states that the presidential candidate released a video made by an artificial intelligence tool to "attribute a false fact, with an unequivocal criminal connotation and defamatory purpose."
The publication made at the beginning of July simulates Flávio piloting an aircraft during a mission to locate Lula's son. The video calls Lulinha "suspected of having stolen millions of elderly people in Brazil." Elsewhere, it says that "the theft of old people from the INSS cannot go unpunished."
Lulinha asks the Court to grant a preliminary decision, that is, before the final judgment of the case, to remove the publications made on the senator's profiles on X and Instagram within 24 hours, and for Flávio not to publish the images again.
The businessman also asks Flávio to pay R$10,000 for moral damages and for the Court to recognize that there was an "abuse of rights" in the dissemination of the images and the use of AI "to convey false and defamatory attributions".
The action was filed on Tuesday (18), the same date that Lulinha opened a similar lawsuit against another candidate for president, Romeu Zema (Novo), and requests the removal of a video produced by AI that shows Lula's son inside a marijuana plantation and calls him the "Messi of impunity".
The two cases are being processed in the São Paulo Courts. In the action against Zema, judge Marcelo Augusto Oliveira denied the initial request to remove the video.
"The contested video appears to be part of the context of satire and critical expression, and it is not possible to conclude, in principle, that manifest abuse or evidently illicit content has occurred, capable of justifying the exceptional immediate removal of the material", stated the judge.
Lulinha is the target of three investigations at the STF (Supreme Federal Court) on suspicions of influence peddling. The investigations conducted by the Federal Police target businesses involving the son of the President of the Republic, businesswoman Roberta Luchsinger and Antônio Carlos Camilo Antunes, the "Careca do INSS".
In the action against the video published by Flávio, Lulinha says that the images allow us to understand that the mission is fictitious, but that there is "no indication that the statement according to which the author is suspected of having 'robbed millions of elderly people' would also be false".
Lulinha also states that it is public knowledge that he is the son of the President of the Republic. He argues that this circumstance does not equate him to a public agent.
"Although he is a well-known person, the author does not occupy the functional or electoral position that underlies the special scope recognized by jurisprudence for criticism directed at government officials, public agents and candidates", says the action.
Lulinha also states that the video uses "family relationships" as an instrument "to politically target third parties."
"There is no investigation, indictment, complaint or even accusatory hypothesis against the author of participation in the fraud committed against INSS beneficiaries. The procedure in which his name was mentioned has a distinct object and does not attribute participation to him in the original crimes that produced the amounts subsequently subjected to investigation", the action further states.
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