The “owner” of Pernambuco of the number says he has been harassed from 2021 because of the exhibition; The decision of the second instance is appealed
A man sued Gusttavo Lima for his phone number to mention in the texts of the singer “Blocker”. The song is 2021 and since then, the pernambuco that has been a “owner” for years has been harassed with calls, audio and messages that influence his routine and privacy. Due to the situation, Tuesday 18, the Court of Pernambuco (Tjpe) sentenced the singer to pay $ 70,000 for moral damage to the man. It is up to appeal.
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THE decision he was unanimous in the second civil chamber of Tjpe, who Earth had access. Gusttavo Lima denied his appeals and the judge Alberto Nogueira Virgínio, representative of the case, voted to maintain the sentence issued by the 26th Civil Court of capital.
According to the decision, Gusttavo Lima claimed that there was no “harmful conduct or moral damage” In this case, since the number mentioned in music does not present the DDD and could not be directly associated with the man who opened the process. The singer also asked that the complaint involves the songs of the song, but the Justice rejected the preliminaries.
“Although the composition of the song was made by third parties, the applicant’s conduct, when the number of number was revealed in its songs, both in the numerous shows performed across the country, binding the radio and television media, as well as posts on various social networks, said the social relationship.
Then, Even without being the songwriter of the song, Gusttavo Lima could not get rid of responsibility. As an interpreter and promoter of the song “Block”, the Court recognized that he was responsible for the moral damages suffered due to the exposure of the telephone number in the song.
“In fact, what is deduced is the simple attempt by the defendant of exemption the responsibility of the harmful event by attributing it exclusively to third parties, which is prohibited in our legal ornament”, The integrated judge Virgínio.
The moral damage in question was demonstrated in the case file through record of messages, calls and audios received by the owner of the telephone number. “The documentary tests attached to the process highlight the significant volume of the prizes, which made the normal use of the telephone device impossible, influencing the privacy and tranquility of the author,” described the decision.
THE Earth Try the contact with the defense of Gusttavo Lima, but did not get a return until the publication of this article. The space is still open and will be updated in case of response.
Source: Terra
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