This is for a Court to decide. Freedom of Opinion has it's limits, even in The Portuguese Constitution.
What personal and professional honour does Goncalo Ameral have left? He is a convicted Fraudster and a Convicted Liar. All of which happened before The McCanns ever went to Portugal.
And don't imagine that The Judge doesn't know this.
This is for a Court to decide. Freedom of Opinion has it's limits, even in The Portuguese Constitution.
They already did. And this decision was not overturned by the supreme court.
http://www.mccannfiles.com/id344.htmlWe conclude that the applicants voluntarily decided to limit their right to the intimacy of private life, certainly envisaging higher values like the discovery of their daughter Madeleine's whereabouts, but upon voluntarily limiting that right, they opened the doors for other people to give their opinion about the case, in synchrony with what they were saying, but also possibly in contradiction with their directions, yet always within the bounds of a legitimate and constitutionally consecrated right to opinion and freedom of expression of thought.
We do not see that the right of the book's author, the defendant, can be limited by a right to the reservation of intimacy that suffered voluntary limitations by their holders, the applicants.
In the same way, concerning the applicants' right to image and a good name: upon placing the case in the public square and giving it worldwide notoriety, the applicants opened all doors to all opinions, even those that are adversarial to them.
Lisbon and Appeals Court, 14.10.2010
The Appellate Court Judges,
Francisco Bruto da Costa
Catarina Arelo Manso
António Valente