The magistrate ordered that the actress’s daughter participate in the hearing as a listener, without the right to ‘testify’
The lawyers of Samara Philipin case of racism suffered by the daughter of the actress in an elite school in the city of Sao Paulo, will ask for the judge to be removed from the caseafter determining it the minor participates in the hearing only as a listener. The team also questions why an infringement similar to the crime of racism is treated as a case of copyright infringement.
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In a note sent to the press, Hédio Silva Jr., Thaís Cremasco, Anivaldo dos Anjos and Isabela Dario argue that the magistrate’s actions can constitute abuse of authority and a crime of tort, when there is an improper practice of the official act.
The lawyers will take action on Wednesday 12th to request the removal of the judge from the case and will appeal to the Federal Supreme Court (STF) and the Court of Justice, so that the family, the daughter of the actress are heard and the confession of the attackers is examined by the new judge who will handle the case.
“It’s scary to say the least to see a juvenile judge not want to listen to a teenage victim of violence. You only have to read the Constitution, international treaties, the Statute of Children and Adolescents (ECA) and several other federal laws, to know that the judge is obliged to listen to the AFB, whether he likes it or not,” said the Dr. Hédio Silva Jr.
“We also want to know why an infringement similar to the crime of racism, confessed by the attackers, is treated as a violation of copyright, also because Samara’s daughter is not the author of a literary, artistic or scientific work” , he concluded.
Source: Terra
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