A new decision in the judicial courts was announced in the last few hours linked to the singer Luis Eduardo Marín, known artistically as Lowe León and the lawyer of his ex-partner, the Colombian influencer Andrea Valdiri.
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It all starts since on October 27 of last year, the singer established a guardianship against the criminal Víctor Mosquera, seeking to protect his constitutional right to honor, good name, family intimacy and human dignity.
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That request also included a conciliation process that leads to 2021, when the person who filed the guardianship against the lawyer made an offer of child support for the daughter he had with Andrea Valdiri, a procedure that did not prosper because the influencer found out. that at the same time a case of natural extramarital filiation was filed, which resulted in 99.99 percent that the paternity bond with the girl did exist, “which is why he requested that corrections be made in the civil registry birth of the minor, the establishment of a child support quota and that her connection with her daughter be ordered and intervention by the ICBF, a request accepted on August 3, 2023,” says a document known to this newspaper.
That led to the reaction of lawyer Víctor Mosquera, who represents the interests of Andrea Valdiri. On social networks, the legal professional indicated that “this result is obtained after Mr. Lowe León on several occasions denied paternity of the minor and forcefully attacked the image of Andrea Valdiri.”
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The singer’s reaction
That, for Lowe León, constituted an insulting act, and therefore he requested that the justice system protect his rights, and also a retraction “through audiovisual publication or written statement, addressed to the same recipients of social networks since the 27th of April 2023, in the same account where the insulting, dishonorable and humiliating publications were made.”
She revealed that she was doing the interview because she did not want her daughter to have secret information.
Instagram @andreavaldirisos / @loweleon_
At first, the lawyer responded that this request did not meet the immediacy requirement, since “the communication referred to in the facts dates back to April 2023, and the constitutional action began on October 26, approximately 6 months passing.” , and that furthermore the rights of the renowned singer had not been violated.
Finally, on November 10, 2023, a first ruling was issued denying León’s request, which was challenged and reached the 33rd Civil Court of Bogotá, which has just ruled in favor of Víctor Mosquera.
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The decision was issued by the Special Trial Chamber of the high court.
“In the present case, it is observed that the plaintiff did not comply with the requirements established in the jurisprudence for the admissibility of the constitutional action for protection, on the occasion of the publication made by the firm Víctor Mosquera Marín Abogados, on the social network Instagram, since , there is no evidence to determine that the request for withdrawal or amendment of the information was made on the aforementioned platform,” the document says.
That is to say that for this court, León did not exhaust sufficient means to be able to remove the publication made, “if this were appropriate before the same social network.” Therefore, with this new decision the court of first instance was right.
“Thus, the decision made in the first instance is correct, in light of the content of article 6 of Decree 2591 of 1991, since as stated in previous lines, the plaintiff has other defense mechanisms against acting the firm Víctor Mosquera Marín Abogados, which has been classified as insulting, such manifestation entering the sphere of the Ordinary Criminal Judge and escaping the orbit of the constitutional judge,” the office concluded.
Carlos Lopez
Justice Editorial
In X: @CarlosL49
carben@eltiempo.com
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2024-02-16 04:50:53
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