The Federal Regional Court of the 2nd Region (TRF-2) has ruled that the lawsuit filed by the Federal Public Prosecutor's Office (MPF) against the Universal Church of the Kingdom of God (IURD), for alleged judicial harassment against journalist and writer João Paulo Cuenca, must be processed in the Federal Court. The journalist was the target of more than a hundred lawsuits after a publication on social media.
The decision by the 6th Specialized Panel of the TRF-2 (Regional Federal Court of the 2nd Region) overturns a previous understanding by the 17th Federal Court of Rio de Janeiro, which held that the case fell under the jurisdiction of the State Court. According to the judges, the participation of the Federal Public Prosecutor's Office in the action is sufficient to establish the jurisdiction of the Federal Court. They ordered that the case be returned to the 17th Federal Court of Rio de Janeiro.
In the lawsuit, the Federal Public Prosecutor's Office (MPF) is asking that the Universal Church be ordered to pay at least R$ 5 million in damages for collective moral harm. According to the agency, this amount should be allocated to initiatives protecting freedom of the press.
The episode began in 2020, when 144 similar lawsuits were filed by pastors from the Universal Church of the Kingdom of God (IURD) in 19 states against the journalist. The lawsuits were filed after a post made by Cuenca on social media.
According to the Federal Public Prosecutor's Office (MPF), there was standardization in the processes and concentration in a short period, which would indicate a coordinated action. For the agency, this strategy would have hindered the journalist's defense and overburdened the Judiciary.
The deputy regional prosecutor for Citizens' Rights in Rio de Janeiro, Julio Araujo, stated that this type of practice can have an impact beyond the individual case. According to him, the excessive use of lawsuits can intimidate journalists and restrict freedom of expression.
Decision and appeal
In its appeal, the Federal Public Prosecutor's Office argued that its presence in the case guarantees that it will be analyzed by the Federal Court. This understanding was accepted by the TRF-2 (Regional Federal Court of the 2nd Region), which followed the line of decisions already adopted in similar situations.
The court also considered that it is up to the Federal Court to analyze, at a later time, whether the Federal Public Prosecutor's Office has the legitimacy to act in the case. Furthermore, the action seeks to combat the abusive use of the judicial system.
An opinion from the Regional Prosecutor's Office of the 2nd Region reinforced that the mass filing of lawsuits regarding the same facts can be considered an abusive practice, with the risk of generating legal uncertainty.
The Federal Public Prosecutor's Office (MPF) also warned of potential international impacts if instances of judicial harassment against journalists are not addressed. According to the agency, this type of practice can have a so-called "inhibitory effect," which discourages journalistic activity.
The case reached the Federal Public Prosecutor's Office (MPF) following a complaint from the Brazilian Press Association (ABI) back in 2020. Since then, the issue has been monitored by entities in the sector.
In recent years, the Federal Public Prosecutor's Office (MPF) has held public hearings, created a forum to monitor cases of judicial harassment, and submitted proposals to the National Council of Justice (CNJ) to identify this type of practice.
The lawsuit against the Universal Church was filed in February of last year and is still being processed in the Federal Court of Rio de Janeiro.
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