In 2014, award-winning Brazilian investigative journalist Rubens Valente published his first book, “Operação Banqueiro,” narrating the ins and outs of a groundbreaking Federal Police investigation into corruption and money laundering involving bankers, investors, and politicians — which Mr. Valente covered in-depth during his time as a reporter for newspaper Folha de S. Paulo, Brazil’s biggest.
The book revolves around the 2008 imprisonment of Daniel Dantas, founder of private-equity firm Opportunity, and the involvement of Supreme Court Justice Gilmar Mendes, who twice ordered the banker be released from jail within the space of 48 hours.
Six years on, when “Operação Banqueiro” hit bookshelves across Brazil, Justice Mendes sued Mr. Valente and the book’s publisher, Geração Editorial, claiming the work was a “severely distorted exposition of the facts.” He demanded the journalist and publisher pay BRL 200,000 (roughly USD 81,000, in accordance with 2014 exchange rates) in damages.
A trial court in Brasília ruled against Justice Mendes, calling his allegations “overly subjective,” but a series of appeals at higher courts saw the case turn against Mr. Valente. Last year, the Superior Court of Justice (STJ) accepted all of Justice Mendes’s arguments and convicted the journalist, adjusting the compensation value by inflation to around BRL 310,000 (approximately USD 60,100). Furthermore, judges ruled that all future editions of “Operação Banqueiro” must include the 200-page sentence against Mr. Valente and Geração Editorial, making a reprint financially unfeasible.
And the kicker? The STJ ruling could only be carried out after confirmation from the Supreme Court, of which Gilmar Mendes is the longest-serving member.
A journalist struggling to be heard
After already paying the justice BRL 142,000, Mr. Valente is now on the hook for the remaining BRL 170,000, as courts have deemed the journalist the sole debtor in the case.
Mr. Valente’s main complaint is that he has been denied the right to a fair hearing, saying that he was never once questioned...
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