The Attorney General’s Office (PGR) has asked the Federal Supreme Court (STF) to file lawsuits against President Jair Bolsonaro (PL), current and former members of the government, as well as congressmen allied with the Planalto. The investigations were opened after the final report of the Pandemic CPI.
Last November, the PGR sent to the Court at least ten requests for measures based on the final report of the Pandemic CPI. The agency received the document at the end of October, the day after the text was voted on in the Senate, and was being asked to proceed with the investigations.
The first filing request concerns the crime of violating a preventive health measure and targets Jair Bolsonaro. In this case, the president is accused of having failed to comply with public authority determinations to prevent the introduction or spread of a contagious disease.
In the demonstration sent this Monday (25), the deputy attorney general of the Republic, Lindôra Maria Araújo says that, in relation to the disrespect of some health protection measures (such as the use of masks), the “normative text highlights the proportionality and the sufficiency of the imposition of a fine for any disrespect” and that “there is no need, as explained above, to resort to criminal severity”.
“The possibility of considering criminal conduct by those who, in the context of the Covid-19 epidemic, fail to wear a face protection mask,” said the deputy attorney general, was then legally removed.
The second investigates the crime of epidemic increased by the result of death and targets Jair Bolsonaro, Marcelo Queiroga, Eduardo Pazuello, Élcio Franco, Braga Netto, Heitor Freire, Hélio Angotti and Osmar Terra.
“Considering the absence of minimal evidence to state that the President of the Republic Jair Messias Bolsonaro and the others indicted in the report would have engaged in any criminal practice in the context in question, there is no interest in acting capable of giving rise to the continuity of this process. Having exhausted the preliminary investigations, it appears that the facts under investigation do not give rise to the initiation of an investigation, nor do they contain information capable of justifying, per se, the offering of a complaint against the President of the Republic Jair Messias Bolsonaro and the other defendants, being absent just cause”, said the deputy attorney general of the Republic, Lindôra Maria Araújo.
The third analyzes whether there is a crime of irregular use of public funds or income and targets Bolsonaro and Pazuello. For Lindôra, the simple fact that the President of the Republic verbalized, in March 2020, support for the increase in the production of medicines as a way of controlling the disease does not lend itself to supporting the conclusion of the crime of irregular use of public funds.
“Finally, there is a lack of intent on the part of political agents, insofar as the use of public funds in the case in question occurred under legal terms and within the legitimate discretion of public managers, without criminal repercussions”, said the deputy. Attorney General of the Republic.
There is also an investigation of the crime of quackery against Jair Bolsonaro. In the case in which Bolsonaro is accused of charlatanism, the deputy attorney general of the Republic states that “the simple fact that the agent [Bolsonaro] holding the package of the chloroquine medicine does not constitute evidence leading to criminality and, from this fact, no conclusion can be drawn from the practice of the crime of quackery, since, for its consummation, the effective inculcation or announcement of a cure through a secret or infallible means is necessary (elementary of the type), with the awareness of the untruth of what is preached”.
Lindôra argues that the Covid-19 pandemic represented an “emergency context” and that “such a scenario led to the need to adopt exceptional measures, aimed at fighting the national epidemic, whose disease still lacked solid studies and proven effective treatments”.
In another request, there was an investigation of the crime of malfeasance by Wagner Rosário, controller-general of the Union.
“In this case, there is no minimum evidence to state that the represented person has delayed or failed to perform, unduly, an official act, or has performed it against an express provision of law, to satisfy personal interest or feeling”, said Lindôra.
He was also asked to file a lawsuit that investigates whether Ricardo Barros was involved in the formation of a criminal organization.
There was also a request to extend the investigation period by 90 days, an action that investigates the practice of incitement to crime that has as Bolsonaro, Onyx Lorenzoni, Flávio Bolsonaro, Ricardo Barros, Eduardo Boslonaro, Osmar Terra, Bia Kicis, Carla Zambelli, Carlos Roberto Coelho de Mattos Junior
In another request, which investigates whether there was a crime of malfeasance on the part of Bolsonaro, Pazuello, Elcio Franco and Queiroga.
“There are no minimum elements of information regarding the materiality of the crime of malfeasance in relation to the indicted. Apparently, the Pandemic CPI concluded by indicting the defendants based on the alleged generic inertia of the defendants with regard to taking action on the aforementioned irregularities. However, it did not describe and prove any functional duties that could have been violated by public officials,” said Lindôra.
Filed
In June, the Minister of the Federal Supreme Court (STF) Rosa Weber granted the PGR’s request and closed the investigation against the government leader in the Chamber, Ricardo Barros (PP-PR).
The decision concerns the conclusions after the work of the CPI on the Pandemic, held in 2021 in the Senate.
Rosa agreed with the arguments presented by the Deputy Attorney General of the Republic, Lindôra Maria Araujo, considering that minimal evidence has not been proven to affirm that Barros has acted for the benefit of private claims, in the scenario of combating Covid-19.
The Deputy Attorney General of the Republic, Lindôra Maria Araújo, also asked that one of the actions aimed at an alleged formation of a criminal organization by the government leader in the Chamber, Ricardo Barros (PP-PR), not be analyzed by the Federal Court of Justice.
“In the absence, at the end of the preliminary investigations, of reliable evidence of materiality and vehement evidence of authorship, at least until the present moment, of a criminal offense that can be attributed to Federal Deputy Ricardo Barros, there is no justification for maintaining this fact in progress with the Federal Supreme Court,” he said.
For the deputy attorney general, “the charges made by the Parliamentary Commission of Inquiry are based on a criminal hypothesis that seeks to support the existence of a typical fact due to similarities between the case under discussion and the facts under analysis in an action of improbity. administrative proceedings involving the company Global Gestão em Saúde S/A – a claim that is not related to these records –, during the period in which the defendant held the position of Minister of Health”.
Lindôra argues, however, that “it does not seem to us, at least at this moment, that the fact that there is an administrative improbity action still in progress to the detriment of Global Gestão em Saúde S/A and Ricardo Barros can be used as a basis to justify the existence of a criminal organization”.
Source: CNN Brasil
