Case email for Benfica. Porto canal officials stand trial. “They make a TV show a week”, says Carlos Alexandre – Observer

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Francisco J. Marques and Júlio Magalhães, who was in charge of the Porto Canal at the time, and commentator Diogo Faria will even face trial for disclosing the contents of several Benfica emails on a TV show, Judge Carlos Alexandre decided in a 242-page indictment signed On Monday, observers can visit.

Therefore, Carlos Alexander supports the position of the Assistant and the Prosecutor’s Office (MP) on the public and private charges, thus allowing the communication director of Porto FC Francisco J. Marquez and the former director of Porto Canal Julio Magalhães to accept trial. Violation of communications or telecommunications, unlawful access and violation of legal persons, and Diogo Faria, commentator of the “Universo Porto – da Bancada” program, guilty of violation of communications or telecommunications and another offence of unlawful access.They both leaked information from emails over the course of several TV shows that would have been hacked to Benfica.

The defendants broke into this illegally obtained information, filtered it, reported it, restructured it, and produced a weekly television series under the cover of a journalistic investigation to undermine the credibility of Benfica Sport in Lisbon,” the indictment reads.

Email from Benfica. Francisco J. Marques charged with seven crimes, Júlio Magalhães answers three

An investigation into the process took place in Lisbon in April 2020, following a request from Benfica’s own SAD. Carlos Alexandre is now taking the case to the Lisbon Central Criminal Court, which initially reported the crime.

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Francisco J. Marques was charged by the prosecutor’s office on February 24, 2020 with three counts of violation of communication or telecommunications, three counts of violation of communication or aggravated telecommunications, apparently with three counts of invasion of privacy and improper access . He will also respond to five counts of serious offences against legal persons and one offence of aggravated legal persons following private charges.

Diogo Faria will be held responsible for violations of communications or telecommunications and for improper access. For private indictments, he will be aggravated by the crimes committed by the group.

On the other hand, Júlio Magalhães considers that the three crimes of violation of correspondence or telecommunications, which are publicly charged, are aggravated in a clear contest with three crimes of liberty and five aggravated crimes against legal persons, which are charged privately. .

The crimes allegedly occurred within months of their service for the TV show, reporting the contents of emails sent anonymously to Francisco J. Marques, first by text message and then by email. . This is the 20 GB set of information that the information director finally sent to PJ after three degrees. Additional information was later posted on the Mercado de Benfica blog, created by Football Leaks creator Rui Pinto, who was tried for a total of 90 crimes: 68 inappropriate access, 14 breach of communication, 6 access to Sporting, Doyen , the PLMJ law firm, the Portuguese Football Federation (FPF) and the Attorney General’s Office (PGR), as well as the computer sabotage and extortion of Sporting’s SAD, in the form of an attempted attempt. The last crime, involving Doyen, also led to the prosecution of lawyer Aníbal Pinto.

Francisco Marques argues in court – at this stage the investigating judge decides whether to bring the case to trial – that the information he released reached him in an “accidental” way and for his biblical benefit , he decided to reveal on the show “Universo Porto – Da Bancada”. In question would be a crime committed by one of Portugal’s biggest football clubs and, as the information chief claims, the matter was of such public interest that he himself ended up being interviewed by several national and international media, Such as The New York Times and The New Yorker. He said his actions “are exercising freedom of speech and information that helps him.”

“It is undeniable that the public condemnation of any form of football corruption in the media is a general concern of society as a whole, beyond football club fans, thereby strengthening the protection of freedom of speech. Furthermore, football clubs are practised in witchcraft. The large expenditures in SL Benfica SAD are also a matter of public interest, as SL Benfica SAD is a public company and therefore urgently needs to be subject to public scrutiny,” the defendants wrote in the plea in the opening directions, which appeared in the indictment to which the observers have access.

Francisco Marques, on the other hand, also testifies that he chose the information, ignoring the issues of intimacy, family and sex life of the people mentioned in it, and citing the referee, their wives and their lovers’ Take personal data as an example.

The defendants also claimed that, as in the SAD case in Benfica, some assistants did not have the legality to file a complaint against them, but every email holder did.

For Judge Carlos Alexandre, the order made it clear that the defendants “wanted roles to be reversed, they were assistants,” but he summed up the case in three points: The defendants obtained information they believed because they were told that it was through crimes against the assistants. Obtained; The indictment alleges that the defendants broke into this illegally obtained information, filtered it, reported it, restructured it, and produced a weekly TV series under the cover of a journalistic investigation to undermine the credibility of Benfica Sport. And, for magistrates, they do so for only two reasons: club competition and spectators.

Carlos Alexandre also considers the defendant’s arguments about the complainant’s lack of legitimacy to be inappropriate and “inadequate”, since legal persons have a relevant interest in protecting emails, and the emails, although from individuals, are inserted by assistants. professional field.

“We agree with the understanding that a computer attack on Benfica SAD’s computer systems, from which information on employees of this entity was disclosed, is of interest precisely because such information is essential or relevant to Benfica SAD itself! “. “In addition to the privacy of those involved in electronic communications, the privacy of assistants is violated,” the judge argued.

Another argument that Carlos Alexandre does not accept is that the interest in this information is related to facts involving known persons. “The key is to investigate the dissemination of knowledge and communications between various natural persons, most of whom are unknown outside the restricted population that accompanies the football phenomenon” “with the aim of infiltrating and undermining the rights of assistants”, charged the magistrate, who he It was also recalled that Francisco J. Marquez worked as a correspondent for Porto FC, not a journalist.

“The communications director, as in the case of the accused, defended the club and exposed himself for the same,” he wrote. “They were supposed to be subservient to the club, with values ​​opposite to those of the journalistic role,” he recalled. In this case, the defendants “pursued the competing interests of the FCP Group, not following the description of the journalism function, but the opposite.” That’s why, he concluded, the classification of the material they make is only relevant for Benfica.

For The Observer, lawyers Rui Patrício, Zaragoça da Matta and João Medeiros opted for a joint response. “This is a decision that we believe to be the right one, it sees reality beyond what the accused is trying to do with the so-called public interest and false bona fide staging, and it’s an important decision for several reasons, one of which is because it reinforces the idea that, in competition, clubs cannot do everything, including defamation and slander, as well as selecting, mixing, manipulating, decontextualizing and truncating documents that, by the way, have been obtained and then criminally trafficked” .

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