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The Court of Justice of the State of São Paulo denied in the first instance Xuxa's request to take Alerta Nacional, by Sikêra Jr., off the air, after being called a “pedophile” by the presenter on the RedeTV! program.
Judge César Peixoto understood, in a ruling released on the 18th, that the injunction did not contain sufficient arguments to ban Sikêra's program.
Peixoto argued that Xuxa's request goes beyond the limits of freedom of expression and could constitute censorship.
According to documents obtained by Notícias da TV, there was an exaggeration in the way the case was treated in the media. “The appeal should be processed, without suspensive effect, given the lack of plausibility of the arguments presented, especially because any exaggeration in the content of the information/reports depended on a future and more in-depth evaluation, despite the possibility, in theory, of taking the program off the air, under penalty of prior censorship,” says an excerpt from Peixoto’s decision.
He also vetoed Xuxa's request for the case to be kept confidential: “I deny the confidentiality of justice, because the case followed the rule of broad publicity, without any type of embarrassment to exposure”.
Xuxa appealed the decision early Thursday evening (19).
The lawsuit against Sikêra and his program was filed in the Civil Court of the Santo Amaro Regional Forum, in São Paulo, on October 27, and the Record presenter requested urgent protection for the case, as she claims that her rival poses risks to society.