Elections: Court rejects Montenegro's request to remove Chega poster

In the decision, which Lusa had access to, the Lisbon District Court rejected the precautionary measure presented by the Prime Minister because it was at stake “the right to freedom of expression”.

«In this context of political dispute and public debate» and in which «the choice of political decision-makers» is at stake, with Luís Montenegro appearing as a candidate and leader of a political party and Chega as a competing political party, it is necessary to conclude, «since the exercise of the right to freedom of expression is at stake, due to the absence of illegality and the non-prevalence of the rights invoked» by Luís Montenegro , states the decision.

The court also considers that the posters do not directly associate Luís Montenegro, who is also a candidate for the AD (PSD/CDS) in the legislative elections, with the «practice of any act likely to constitute the crime of corruption», «nor does it state that he is corrupt», despite the image of «a former prime minister who, despite being a defendant in criminal proceedings, benefits from the presumption of innocence».

"The phrase on the posters – 50 years of corruption” -, followed by “it is time to say enough” and “Vote Enough”, also does not allow the conclusion that the defendant directly accuses the plaintiff of committing any unlawful act, given that, naturally, none of those portrayed, given the length of time they have held political office, could be responsible for the association made between corruption and the years of democracy", reads the decision.

The court also understands that in the posters Chega associates Luís Montenegro, as leader of a party, «with corruption», but this association, although displeasing to the Prime Minister, «does not contain any imputation of criminal acts, but rather a value judgment regarding the political responsibility of those who led a government, in a democracy».

«The message expressed in the posters – and the value judgment it contains – arises as a result of a political party, in the context of political dispute and public controversy, has a clear political intention, as it targets the action of other political parties and the image of the applicant, an actor in public life , appears as the leader of a party and candidate in elections», the court also states.

Speaking to journalists at the start of a protest in Viana do Castelo, the Chega leader made a point of talking about the matter, considering that the court's decision constituted a "victory for Chega" and for freedom of expression, and "a defeat" for the Prime Minister.

“I hope that Luís Montenegro draws from this court decision, in the middle of the electoral campaign, the consequences that freedom must be guaranteed, rights must be guaranteed, and he cannot try to silence his opponents”, he argued, stating that “the fight against corruption was also safeguarded”.

When asked about some of these posters that have been changed in recent days, André Ventura explained that “the parties’ messages are dynamic”.

In March, Luís Montenegro filed a precautionary measure with the Lisbon Civil Court demanding the immediate removal of Chega posters and compensation of 10 thousand euros.

Photo: Chega