Justice orders removal of video against Elizabeth and points to accusation without evidence of truth

The court orders to remove publication against Elizabeth from social media within 24 hours after the decision of the 3rd Criminal Court of Ponta Grossa. The content was published by the former municipal server Guilherme Andrigo Pikunas and attributed to prefeita Elizabeth Schmidt alleged embezzlement of public money. The decision was signed on Friday (9) by substitute judge Thiago Bertuol de Oliveira.

The determination comes after the mayor files a criminal complaint against Pikunas for slander and, subsidiarily, defamation. The case had already been reported by BnT Online, when Elizabeth’s defense reportedly appealed to the courts alleging that the video contained false accusations.

In the decision, the magistrate specifically ordered the removal of the publication carried on the profile @pikunasmkt, on Instagram. The deadline is 24 hours from the subpoena. If the order is not complied with, a daily fine of R$ 1,000 was set, limited to 30 days, in addition to the possibility of framing for crime of disobedience.

Judge points to absence of evidence of veracity

When analyzing the urgent request submitted by the mayor’s defense, the judge stated that documents attached to the case demonstrate the publication and scope of the video.

According to the decision, the content attributes to Elizabeth, in her capacity as head of the municipal executive, the diversion of public resources to subsidize people investigated for an alleged crime that occurred previously. The magistrate pointed out, however, that the accusation was made “without any objective indication of veracity”.

In the judicial assessment, the potential for damage caused by the publication on social networks justified the immediate removal of the content. The decision emphasizes that the measure does not represent censure prior to the demonstrations of the defendant, but seeks to interrupt the continuity of the offense analyzed in the process.

The case will continue in the Common Justice

Another point of the decision involves the competence to judge the case. The Public Prosecutor’s Office had argued that the case should be referred to Justiça Eleitoral. The judge, however, rejected the understanding and maintained the action in the 3rd Criminal Court of Ponta Grossa.

In the grounds, the magistrate stressed that Elizabeth did not contest an elective office in the 2026 elections and that the accusation analyzed is related to her acting as mayor of Ponta Grossa.

The decision also points out that the publication was made in a personal profile on social networks and did not integrate electoral schedule, rally, party pamphlet or formal piece of electoral propaganda. Although the content referred to Julio Kuller, then a candidate for state deputy, the process presented by Elizabeth seeks the protection of her personal and institutional honor.

The Justice also ordered the immediate reintegration of Pikunas to the position of parliamentary advisor to the councilor Nurse Marisleidy, in Câmara Municipal de Ponta Grossa. The decision suspended the exoneration signed by the President of the Legislative after the advisor presented complaints about an alleged practice of “rachedinha”. According to the decision, there are indications of possible misuse of purpose in the act, especially because the councilor informed that she had not requested or authorized the exoneration. The complaints, however, still depend on investigation and do not mean proof of the irregularities pointed out.

Understand the case

As shown by BnT Online on October 1, Elizabeth Schmidt filed a criminal complaint after a video posted on social networks cited the disappearance of the then councilwoman Ana Maria, in 2013, and related the episode to Julio Kuller and the current mayor.

At the time, the defense said there was no contract, payment, transfer or other document proving the charge of using public resources. Julio Kuller also announced that he would seek judicial accountability for the content.

By Friday’s ruling, the court partially accepted Elizabeth’s request for urgent guardianship and ordered the withdrawal of the specific publication.

The process is still ongoing and there has been no final judgment on possible criminal liability. A conciliation hearing was scheduled for February 22, 2027, at 1:50 p.m.