Juan Darthés: Brazilian justice ordered to continue the lawsuit against the actor |  What did Thelma Fardin say after the resumption of the legal process?

Juan Darthés: Brazilian justice ordered to continue the lawsuit against the actor | What did Thelma Fardin say after the resumption of the legal process?

A judge overturned the decision that rendered on page zero of the lawsuit against actor Juan Darhés, accused of abusing Thelma Fardin. The actress herself confirmed the news, which she called a “historic” fact.

History: the Brazilian justice reversed its decision and ordered the continuation of the oral trial of Juan Darthés in federal court,” Fardin said on social media.

“The trial is returning to the state it was in, because the competition is federal as we have said. This is a big step and we continue to work to ensure that justice really is justice,” he added.

According to the actress, the decision was made after the March 12 hearing, during which the prosecution and Fardin’s legal teamled by lawyer Carla Junqueira, opposed the annulment of the trial.

After the news broke, Fardin added that “Resolution adopted today by the regional court confirms federal jurisdiction and allows the hearings to resume of the oral trial which had begun on November 30, 2021 and was in its final phase when the stay was ordered”.

The plaintiff actress herself, who had traveled to Brazil in early March to conduct the appeal, was present at the hearing in the first half of March.

On this occasion, Fardin warned that “Juan Darthés’ defense strategy was to try to avoid reaching the end of this trial. Avoid reaching a sentence”.

Why was Fardin’s trial against Darthés suspended?

In February, the Brazilian justice had determined that, despite the fact that two hearings remained to be concluded, the trial He had to go back to zero pages: “A court says that there is no jurisdiction, that the jurisdiction is not good and that it cannot be judged there (in Brazil)”, said said the actress at the time.

The High Court argued at the time that The case presented difficulties given that the defendant had Brazilian nationality, the plaintiff was Argentinian and the event took place in a Central American country.

The rape complaint

Fardin denounced Darthés for sexual abuse on a tour they shared in Nicaragua when she was a teenager and both were part of the show’s cast Ugly Ducklingbroadcast between 2007 and 2008.

At first the actor tried to install the version that Fardin had made a pass at her and that he had “ejected” her from the room, although months later he wanted to hide behind the fact that the relationship had been consensual.

At the time, when the two worked together on the strip in question, she was 16 and he was 45.

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John Paul Gallegolawyer representing Thelma Fardin in Argentina, pointed out that through a presentation made before the Federal Regional Court of São Paulo, “the representatives of the Committee for the Rights of the Child in Argentina (Casacidn), Wake of Carlotto and Nora Schulmanurged the regional court to international responsibility for children’s rightsdue to Fardin’s status as a victim, being under 16 at the time of the events, and therefore covered by the rules of protection arising from the International Convention on the Rights of the Child (CIDN), which internationally binds the Argentine Republic and the Federative Republic of Brazil”.

Carlotto and Schulman’s note explained that “our concern for the revictimization path followed in this procedure in the marco of tan delicate situation in which the entonces niña Thelma Fardin habría sido coaccionada por el adulto imputado a una actividad de contenido sexual inappropriate e ilegal por un adulto en los hechos que dan origen a la presente causa, en condiciones de grave asimetría de power”.

And they defended “the urgency of redirect the process order, as soon as possible, the measures necessary for the correct application of the Convention on the Rights of the Child, allowing the victim the full exercise of his rights in the present proceedings, protect it against all forms of abuse (art. 19 and 34 CIDN) and dictating the essential measures to guarantee their psychophysical integrity (art. 19.2 CIDN), favoring their interest, their right to a rapid decision, preventing their revictimization and ensuring the effectiveness of the principles enshrined in the Convention -art. 4 CIDN-“.

Gallego, for his part, added that “the response of the Federal Regional Court of São Paulo is that justice is competent and that the lawsuit, which has already been developed at 85%, continues in federal jurisdiction. This involves a recognition of Fardin guarantees and that now she is in a more active position because she has legal representation in Brazil”.

For her part, Mariela Labozzetta, head of the tax unit specializing in violence against women (UFEM) of the General Prosecutor’s Office of the Nation, stressed that “this decision implies that hearings will resume before the same judge it was conducting, without prejudice to the issue of competition pursuing its recursive path”.

“This is one more step in the work of regional cooperation aimed at ensuring the investigation and prosecution of all cases of sexual violence against women and girls,” the official concluded.

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