Judge Carlos Alexandre, this Monday, the director of communications for the Porto club, Francisco J. Marquez, as well as the journalist Julio Magalhães, the former director of the Porto channel, as well as the commentator Diogo Faria, announced the crimes of violation of correspondence and crime. To the legal person, within the scope of the so-called case of Benfica emails.
In the educational decision, which BOLA could access, the illegal activities were justified.
Status dates back to April 2017 and February 20, 2018, with more than 20 programs The universe Porto da PinchAbout 55 emails exchanged between Benfica Group employees were revealed.
Many of Porto’s defense points went unanswered. From the “public interest inherent in the nature of the persons concerned”, where it is stated that the question is “investigation, knowledge and dissemination of communications between various individuals”, but also “the right to information”, given that the accused were not holders of a professional card, which indicates “lack of Respect for a previous contradiction and exhaustion of sources of information.”
The conclusion of the preliminary judgment includes all the elements intended to justify the reasons for bringing these three elements (Francisco J. Marques, Diogo Faria, and Julio Magalhães) to trial now. Some points were emphasized as ‘the general interest underlying the nature of the objectives’.
“What is at stake, it is important not to forget, is the investigation, knowledge and dissemination of contacts between various natural persons, mostly unknown, outside that limited group of persons who follow the football phenomenon (which does not represent my world, a society) – and it should be noted, with the aim of Violation of and damage to the rights of assistants » can be read, indicating, at another point, the correctness of the revealed facts, the adequacy of the means used and the general interest inherent in the content of the facts.
Explained here: “The defendants claim that their behavior, and in particular that of Francisco J. Marquez, was not motivated by any persecution intent or malicious campaign, but rather by the animus narrandii present in the conduct of their activity,” referring to the jobs of the journalist who did not meet. “The tasks of a journalist, as defined by the Journalist Law (Law 1/99 of 01.01) in its Article 14.0, are related to the duties of: 1) objectivity; 2) Independence. 3) Integrity. 4) pre-contradiction of visas; 5) Correct errors in the workbook. 6) respect for the presumption of innocence; 7) The truth. 8) Maintain privacy, as there is no indisputable public interest. All these values are incompatible with the functions performed by the defendants who, as subordinates, pursue only the competitive interests of the FCP group, and are not guided by the criteria of objectivity and independence that characterize the journalistic function, but vice versa. Because they are incompatible jobs, it is standard practice, as witness José Manuel Ribeiro said in a hearing on 06.09.2021, to suspend the journalist’s license when starting this type of job. Therefore, the defendants’ arguments are incorrect insofar as they support the legitimacy of their supposed right to information on assumptions that are raised only when the exercise of the right to inform is at stake.”
The lawsuit also referred to lack of objectivity and exemption from all the information that was disclosed.
Violation of the duty of objectivity and exemption was also noted. Finally, it was recalled that the accused had forgotten a principle of the legal system: the prohibition of “exploiting what they consider illegal”.
Benfica’s defense congratulated itself, classifying the decision as “correct” and “important”, as it “reinforces the idea that in competition between clubs not everything can be said, including slander and slander, as well as the selection, manipulation, decontextualization and truncation of documents, moreover That, it was actually obtained and then criminally trafficked.”
The defendants, after learning of the decision, announced that they would appeal.
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