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LIES THERE (IN ISRAEL) AND HERE (IN BRAZIL)

by Fábio de Oliveira Ribeiro Thursday, Mar. 04, 2010 at 5:16 AM
sithan@ig.com.br

University of Tel Aviv acts from racist way when pursuing Brazilian alleging racism.



This week the Brazilian journalist Paulo Henrique Amorim did, in his website, a deep reflection about the performance of the Brazilian media:

"The journalistic texts are not analyzed by his/her consistence or no, but for the capacity or not of maintaining the united group around a same version - it is false or true, it doesn't matter."

http://www.paulohenriqueamorim.com.br/?p=27902



The reflection is been worth so much here as in Israel.



This week I discovered that in 2008 Tel Aviv's University mentioned again my name in a report of anti-Semitic activities in Brazil. It says the text:

"Following the intervention of B'nai B'rith and DECRADI, an electronic journal that compared Moses to Hitler and Judaism to Nazism, created by the Sao Paulo lawyer Fabio de Oliveira Ribeiro, was ordered removed by Judge Wilson Lima da Silva in September 2008."

http://www.tau.ac.il/Anti-Semitism/asw2008/brazil.html



I am the author of the referred text, but I was never summoned of a judicial decision ordering to remove the same of the internet. Actually, Silva's Judge Wilson Lima just judged unfounded the Lawsuit of Moral Compensation that I proposed against B'nai B'rith Brazil. Lower the sentence:

"Seen. FÁBIO DE OLIVEIRA RIBEIRO proposed compensation lawsuit against BENEFICENT AND CULTURAL ASSOCIATION B’NAI B'RITH OF BRAZIL, saying, in short, that it is publishing of the electronic magazine entitled "Reviewed Creation", accommodated in the page of the Internet in the address www.revistacriação.hpg.com.br, where it publishes several literary and political texts, however, on January 27, 2005 when trying to access her it was surprised of h retreat of the net by order of the Group of Repression and Analysis of the Crimes of Intolerance – GRADI - at the request of B’nai B’rith Brazil, under incitement argument to the crime practice since the website compares the Judaism to the Nazism, like this, censured of racist, what is not true, he had his image and honor reviled, then, for the offense, he asks for a financial repairing, and although the reverse is compelled to the retraction in the newspapers that published the offensive text, under penalty. Executed the citation (fls. 119), B'nai presented defense, alleging incompetence of the judgement, because, her address is in the capital from São Paulo; illegitimacy to represent in the passive pole, suddenly it was not who removed of the internet the author's electronic page; it just represented him, right that it is insured, in reason of the popularization of offensive text to the community and Jewish religion, above all for comparing Moisés to Hitler; with that, with what, no covered of her excess conduct, especially to reduce the freedom of expression and/or depreciative of image, responsibility some should cart her (fls. 143/154). About the reply it spoke the contrary part (fls. 170/173). Conciliation without success (fls. 187). Told that I DECIDE. The lawsuit holds judgement in the state in that it (art. 330, I, of C.P.C.), the incompetence exception, rebutted by the author oral test form, in what it is right (art. 307 and ss), it is prejudiced. Although no, it is noticed that the District in that the lawsuit was proposed and what for which the competence is refused (capital from São Paulo) they are contiguous, then, it is inferred that the reverse would not have any difficulty in the attendance of the lawsuit, including the exercise of the wide defense. And, her legitimacy to represent in the passive pole should be recognized, therefore, it was her request that the author's electronic magazine left the internet. In the plus, the author, being entitled lawyer, bachelor in letters, writer, he should know when suggesting, to develop and to publish the equation Judaism = Nazism / Moisés = Hitler that was subject to the reaction. From where came, of who, and his dimension, that was unknown. It is that the anti-Semitism is not exclusive of Hitler's Germany, and nor it exists then for here. Being focused in her, it is known that Hitler, ahead of the Nazism, it pursued and it exterminated Jews and more Jews. Several they are the interpretations about their reasons, among them the what felt by chance and, of that chance it was born the persecution and extermination politics. Demagogic politics to conquer the masses, that not only it took to the slaughter of Jews, but also to his reduction the one segregated subclass without rights. In the extermination fields, for instance, it was murdered by mere hate, little importing what the victim did or it stopped doing. Therefore, accountable the reaction of the requested, above all for their bows with the Jewish subject, and it made like this it without going the mentioned in addition suggested, then, her conduct not carrying load or offensive potential any repairing should cart her. Put the things of that sorts things out, I JUDGE UNFOUNDED the lawsuit. I condemn the due to the payment of the costs and procedural expenses, corrected of the payment, more lawyer fees of 20% made calculations on the value of the cause, updated of the moment that was proposed. P.R.I.C. Osasco, September 10, 2008. WILSON FILES DA SILVA Judge of Right."



Even an inattentive reading of the sentence takes the conclusion that, unlike mentioned by Tel Aviv's University, the Brazilian Judge didn't order to remove the text of the internet the request of B'nai B'rith Brasil. My lawyers appealed of this decision and the compensation request still was not judged by the Tribunal of Justice of the State of São Paulo (TJESP).



In fact, it is never too much to mention that own TJESP maintained the sentence that rejected the processing of the initiate criminal lawsuit against me at the request of to B'nai B'rith Brasil. Through the sentence registered under no. 01724729, to 12nd Camera of the 6th Group of the Criminal Section of TJESP it denied provision the District Attorney's appeal, under the foundation that:

"... the appellee was limited to enumerate how it happens in countless texts in the Press, the way of acting adopted by the government of the State of Israel in the transport of the armed conflict with the Palestinian people, it would be similar the Government German-Nazi's performance during the Second War.



It is verified, still, that the other comparisons mentioned in the accusation, nothing has with the related fact the a race discrimination, to the opposite, he makes a critic, maybe inadequate, that it can be considered purposeless for who knows of the holocaust, but not with connotation racist. Example: Judaism = Nazism = elect people for God = superior race, the discrimination was not incited. In the author's optics, it sought superior equalities, used by the Governments as justifications for actions warlike, if true or no, there is to discuss, but they are not racists or discriminatory."



A little ahead Chief Judge Paulo Antonio Rossi, author of the winner vote, assures that:



"... although the appellee is not a person that sees with sympathy, their face opinions, are entitled to them, it didn't attribute to the people Jewish actions and yes, to the State of Israel and characters to him linked and even so, without discriminatory connotation or with prejudice… "



Of everything that was exposed, we can conclude that the information that consists of the report published by Tel Aviv's University is imprecise (for not speaking to liar clearly). Not only it didn't happen any judicial decision determining the retreat of my text of the internet, as the Brazilian Justice it rejected the allegation that I have committed anti-Semitism or racism crime.



It is really lamentable to see an important Israeli education institution lower to the low patterns of the Brazilian media. What to do? To me it just competes and so only to prove that the published version doesn't correspond to the facts.
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