Questão jurídica principal
Whether the statements about 'calumny to AVS' and 'denunciation' constituted criminal calumny
Decisão extraída
The statements were objectively honor-injurious and could sustain calumny; the appellant could not rely on liberating proof because the facts found showed he knew the allegations were false.
Fundamentação extraída
Objective interpretation controls, not the author's subjective intent. Accusing someone of calumnious denunciation and denunciation to AVS imputes criminal and contemptible conduct; the lower court's finding of knowledge of falsity excludes the defenses under art. 173 CP.