The Federal Public Ministry of Rio de Janeiro (PF-RJ) entered this Friday (27) with action in the Federal Court of Rio de Janeiro to ask for the immediate suspension of the federal government campaign entitled “Brazil cannot stop”. Twelve attorneys sign the document.
1 – Unlawfully, as a provisional emergency relief (art. 300, CPC), for which the requirements of legal relevance and urgency have already been demonstrated, determine to the defendant UNIÃO:
The) Refrain from broadcasting, by radio, television, newspapers, magazines, websites or any other medium, physical or digital, advertising pieces related to the campaign “Brazil cannot stop”, or any other that suggests to the Brazilian population behaviors that are not strictly based on technical guidelines, issued by the Ministry of Health, based on public documents, from renowned scientific entities in the field of epidemiology and public health;
B) Refrain from sharing in any official profile linked to the federal government in social networks, messaging applications and any other digital channel, or in any other way promoting the dissemination of information that is not strictly based on scientific evidence, in accordance with previous request;
ç) Disseminate, within 24 hours, in all channels, physical or digital, of social communication, and mass shootings in social networks and messaging applications, official note, in written, spoken (“audios”) and filmed (“audios”) videos ”), in which it recognizes that the advertising campaign” Brazil cannot stop “is not based on scientific information, so its content should not be followed by the population or by the authorities, as a basis for decisions related to public health;
d) Promote an information campaign about the forms of transmission and prevention of Covid-19, according to the current technical recommendations, within 15 days, counting from the summons of the decision that determines the measure.
2 – Until the disclosure mentioned in the previous item is made and as a precautionary and enforcement measure by subrogation, the companies responsible for the social networks “Facebook”, “Twitter”, “YouTube” and “Instagram” and the applications “WhatsApp” and “Telegram” messages so that:
The) promote acts aimed at preventing the traffic of audio, video and image content related to the “O Brasil Não Pode Parar” campaign in their applications and social networks, through a technical solution that does not allow successful uploading or publication of the materials of campaign, ceasing the measure as soon as the measures contained in subitems “a”, “b” and “c” of item “1” are carried out;
B) use appropriate technical solutions so that it is not possible to index content (“tag”) or aggregate multiple posts from third-party users of social networks and messaging applications using the “#voltabrasil” or “#obrasilnaopodeparar”, or “# oBrasil NãoParPar ”.
ç) periodically, through their applications and social networks, including mass shootings of messages, as a counter-advertisement measure, for the purpose of clarifying the Brazilian population, the following message: “Social distance should be maintained until Brazil has sufficient tests and scientific basis for gradual resumption of activities. Countries that have been slow to do so have recorded thousands of deaths and collapses in their health systems because of Covid-19. Stay at home. Help save lives ”.
It requires that all the above requests made against the defendants be determined under penalty of a fine of not less than R $ 100,000.00 (one hundred thousand reais) per day or for violation, as the case may be. Requires a summons from the defendant to attend the conciliation hearing (CPC, art. 334).
It requires, as a DEFINITIVE PROTECTION, confirmation of the plaintiff as provisional protection and, finally, the conviction of the defendant in collective moral damages, in an amount to be arbitrated by this Federal Court, striving for a value of not less than R $ 10 million (ten million reais), equivalent to double the amount destined to be spent on the inappropriate advertising campaign (extract from waiver of bidding 1/2020 – UASG 110319, published in the Federal Official Gazette of March 26, 2020).
It gives the cause the value of R $ 10,000,000.00 (ten million reais).
Action in Federal Court of DF
Before MPF-RJ, three lawmakers had already filed a lawsuit with the Federal Court of the Federal District to ask for the campaign to be suspended.
In the action, Senator Alessandro Vieira (Citizenship – SE) and deputies Felipe Rigoni (PSB-ES) and Tabata Amaral (PDT-SP) also request that the waiver of bidding for the realization of advertising be declared null, with full refund of spent resources. The process will be processed at the 13th Federal Court.
In a note released this Friday afternoon, the Secretariat of Social Communication (Secom) of the Presidency of the Republic denies the existence of a campaign (read the full note at the end of this article).
A 1min26 video is circulated on social networks, reiterating the message “Brazil cannot stop”. The video, shared by Bolsonar parliamentarians, such as deputies Daniel Silveira (PSL-RJ), one of the deputy government leaders in the Chamber, and Eder Mauro (PSD-PA), ends with the image of the federal government logo.
In the note, the Secretariat of Social Communication states that “this is a video produced on an experimental basis, therefore, at zero cost and without evaluation and approval by Secom. The piece would be an initial proposal for possible use on social networks, which would have to pass by the Government’s scrutiny. It was never approved or broadcast on any official channel of the Federal Government “.
Launched in the midst of the new coronavirus pandemic, the propaganda piece encourages the isolation of the elderly and people who are part of risk groups, but only the distance between other people.
The recommendations of the international health authorities, however, are the isolation of people and the cleaning of everything that people touch to prevent the spread of the coronavirus.
On Friday, the Ministry of Health released the latest balance of cases of Covid-19, a disease caused by the coronavirus Sars-Cov-2. The main figures are:
3,417 confirmed cases
2.7% is the lethality rate
São Paulo concentrates 1,223 cases, and Rio, 493.
Read below the full note published by the Presidency of the Republic’s Secretariat for Social Communication:
The Special Secretariat for Social Communication of the Presidency of the Republic (Secom) informs that, based on a video that has been circulating on social networks since yesterday, some media outlets have mistakenly published and without first consulting Secom on the veracity of the information, which it was a new institutional campaign by the Federal Government.
It is a video produced on an experimental basis, therefore, at zero cost and without Secom’s evaluation and approval. The piece would be an initial proposal for possible use on social networks, which would have to pass the Government’s scrutiny. It did not get approved or broadcast on any official channel of the Federal Government.
It should be noted, for the avoidance of doubt, that there is no Federal Government campaign with the video message being broadcast for the time being, and therefore, there was no expense or cost in this regard.
It should also be noted that the disclosure of contract values signed by Secom and its link to the alleged campaign is not supported by the facts. Even so, they were touted by the same press bodies, which did not check them or confirm the information, thus acting irresponsibly.