Court rejects Montenegro’s request to withdraw poster from arrival

The Lisbon District Court of District declined Luís Montenegro’s request for the removal of the arrival posters from which the Prime Minister appears alongside the former chief of the socialist government José Sócrates associated with the theme of corruption.

The Lisbon District Judicial Court rejected the precautionary action presented by the Prime Minister for being at stake “the right to freedom of expression”.

According to the decision, “given this context of political dispute and public discussion” and in which “the choice of political decision makers” -Luís Montenegro as a candidate and leader of a political party and comes as a competing political party -it is necessary to conclude, “because the exercise of the right to freedom of expression, due to the lack of unlawfulness and the non -prevalence of the rights invoked” by the current executive leader.

According to the Lusa agency, the court also considers that the posters do not directly associate Luís Montenegro, which is also candidated by AD (PSD/CDS) with legislatures, “practice of any fact that can integrate the crime of corruption”, “it is not even claimed to be corrupted”.

This is although the image “of a former prime minister who, despite being argued in a crime process, benefits from the presumption of innocence,” recalls the decision.

« The phrase that is contained in the posters -50 years of corruption » -followed by « It’s time to say enough » and « vote arrives », also does not authorize the conclusion that the defendant directly imputes to the applicant to practice any illicit fact, and, of course, none portrayed, by the time of exercise that have political functions, could be responsible for the corruption of corruption to the years of effective democracy. « 

The court also understands that in the posters arrives Luis Montenegro, as leader of a party, « with corruption », but this association, although displeasing the prime minister, « contains no imputation of criminal facts, but a value judgment regarding the political responsibility of those who headed a government, in democracy. »

« The message expressed in the posters – and the value judgment that contains – following a political party, in the context of political dispute and public controversy, has a clear political intention, since it aims at the action of other political parties and the image of the applicant, ‘actor of public life’, appears as leader of a party and candidate for elections, » the court says.