For over twenty years, Ricardo Garcia and Kiko Freitas have been fighting in court for authorship of "Carolina" and other songs recorded by Seu Jorge in the "Gafieira S.A." project. The Rio de Janeiro Court of Appeals annulled an unfavorable ruling on grounds of denial of due process, reopening the debate over authorship, oral evidence, and the true identity of "Carolina."
Carolina, according to the Dictionary of Given Names [1], means "Woman of the People"; imposing, strong. The age-old paradox between art and life playing out in the courts. Can the song "Carolina" — the girl so hard to forget — belong to just one person?
More than twenty years ago, Ricardo Garcia and Kiko Freitas (plaintiffs) filed a lawsuit against Seu Jorge (defendant), claiming authorship over songs performed by the singer in the "Gafieira S.A." project, including the song "Carolina."
Ricardo Garcia and Kiko Freitas allege that when the project was presented to Seu Jorge, all compositions, melodies, and musical arrangements (beats, bass lines, guitars, etc.) had already been created and finalized.
The musicians therefore argue that they are the true authors of the works and that, without any authorization, Seu Jorge — invited to participate in the recordings solely as a performer — improperly appropriated the songs, registering them as his own and signing a contract with Universal Music Ltda.
In court proceedings, parties have the right to request production of evidence to persuade the judge. In this case, the plaintiffs requested oral evidence, identifying witnesses who could corroborate their account — among them Carolina Correa, the alleged muse behind Ricardo and Kiko's composition of "Carolina."
This is where the controversy lies. Initially, the trial judge accepted the request and authorized oral evidence production; the evidentiary hearing had even been scheduled.
To the parties' surprise, however, the judge prematurely issued a judgment dismissing the musicians' claims under Article 355, Section I, of the Brazilian Code of Civil Procedure [2]. The hearing never took place, and the ruling was grounded on the supposed lack of need for further evidence — directly contradicting the earlier decision that had authorized witness testimony.
Ricardo and Kiko appealed, seeking to have the ruling annulled on grounds of denial of due process: evidence that the judge himself had authorized, and that would have been crucial to the case, was never produced.
The appeal was recently decided by the Rio de Janeiro Court of Appeals (TJRJ). The 8th Private Law Chamber recognized the need to annul the unfavorable ruling, holding that the judge could not reverse his own decision to admit evidence and then surprise the parties with a judgment based on the very absence of such evidence [3].
The court also addressed the violation of the parties' right to a fair hearing and the principle of no-surprise — under which a judge may not base a ruling on grounds that the parties were not given the opportunity to address.
With this decision, the case must return to its evidentiary phase — the stage at which oral evidence had been authorized — and a new hearing date will be set for the testimony of the "Carolinas" and the other witnesses on the list.
The dispute also involves recognition of authorship over five other works, as well as compensation for moral and material damages. It is worth noting that in Seu Jorge's version of events, "Carolina" was inspired by his then-girlfriend, the accordion player Carolina Maravilhas.
In this dispute between Ricardo, Kiko, and Seu Jorge, the true identity of the character Carolina is a crucial piece of evidence for the final outcome of the case.
[1] https://www.dicionariodenomesproprios.com.br/carolina/#google_vignette
[2] Art. 355. The judge shall render early judgment on the merits when: I — there is no need to produce further evidence; [...].
Responsible Attorney
Luiza Britto