More than 20 years of the media scandal that marked a before and after in the life of Beatriz Solomonthe Supreme Court of Justice of the Nation issued a key ruling that recognizes that the actress was the victim of a violation of her intimacy. The highest court partially revoked a sentence that had exempted drivers Jorge Rial, Luis Ventura and the Canal América TV, for the dissemination of private images in the Intruder program at night.
The cause was caused by the television diffusion of a hidden camera with intimate content that involved the then husband of Solomon, surgeon Alberto Ferriols, in the program Doc (October 6, 2004), and its subsequent reproduction in Intruders at night (October 7), where Solomon’s reaction and her husband were also shown, who witnessed live images.
The failure in favor of Beatriz Solomon
Chamber B of the Civil Chamber had exempted Rial and Ventura, arguing that the actress had tacitly consented her exposure by attending the program and giving subsequent interviews. However, The Court said there was no express or tacit consent by Solomonand that even made clear his will not to expose his intimate life.
The Court remarked that the broadcast of sexual scenes and the insistence on the subject by the drivers, added to the dissemination of the backstage With the couple’s reaction, new illegitimate interference constituted in their private life. The Court was overwhelming: “Consent cannot be granted regarding facts that are unknown, nor can it be assumed when the affected person clearly manifests its rejection”.
The scope of the Supreme Court
It was also questioned that The status of a public figure of Solomon does not justify the interference in its intimacysince the disseminated content was not related to its artistic activity or a general interest.
The ruling revinds not only the memory of the actress, but also the rights of her daughters, who continued the trial after her death and were represented by lawyer Ana Rosenfeld.
The ruling of the Supreme Court of Justice of the Nation concludes in a clear way that the sentence issued by the Civil Chamber was arbitrary and, therefore, must be partially revoked, specifically as regards the exemption of responsibility of Jorge Rial, Luis Ventura and América TV SA.
Consequently, it orders that a new pronouncement be issued in accordance with the foundations established by the highest court.
The full failure: