The minister of the STF (Supreme Federal Court) Cármen Lúcia decided that businessman Marconny Albernaz, an alleged lobbyist for Need Medicines, should appear at Covid’s CPI, in the Senate, to testify. The minister rejected the request for habeas corpus presented by his defense today.
Summoned as was the patient in that condition, he has the duty to appear and observe the legal procedures inherent to the summons, under penalty of frustrating or hindering the investigative activities of the Parliamentary Inquiry Commission, which, pursuant to item V of § 2 of art. 58 of the Federal Constitution, may “request testimony from any authority or citizen Excerpt from the decision of Minister Carmen Lúcia
In the action, Marconny’s lawyer alleges that he did not have access to the deponent’s summons documents. According to the defense, the businessman was not formally summoned to appear.
“It has not been proven in this habeas corpus to have been requested and rejected by the President of the Parliamentary Inquiry Commission ‘access and copies to the Defense of the Technical Note of the MPF/Pará and other documents, videos and media, used to justify the patient’s summons’ . It has not been demonstrated, therefore, illegality or abuse of power to authorize the granting of the preliminary injunction, also on this point, which remains unchanged”, argued the magistrate.
The lobbyist, however, already has a habeas corpus, granted by the minister herself, which guarantees her the right to remain silent during the deposition on matters that could be self-incriminating.
The Parliamentary Inquiry Commission forwarded a request to Minister Carmen Lúcia, requesting the businessman’s conviction for bad-faith litigation. Marconny should have been heard today, but he didn’t.
In the document, the CPI stated that the president of the Commission, Omar Aziz (PSD-AM), had already been investigating the businessman’s maneuvers to “refrain from appearing at the deposition”. That’s because yesterday he presented a medical certificate that would make it impossible for him to attend the session.
The lobbyist’s document was valid for 20 days, but the doctor who had signed the certificate backtracked and canceled it.
Earlier in the morning, senators approved a request to conduct the coercive conduct of the witness at a new date to be scheduled. The parliamentarians also decided to send to the Supreme Court a letter requesting the retention of the businessman’s passport, to prevent an escape from the country. Today, the Senate Police were called in to locate and lead Marconny to the Senate, but he was not found.
Need Medicines was the intermediary in negotiations for the purchase of the Covaxin vaccine by the federal government. However, suspected irregularities involving this contract were reported to the CPI by federal deputy Luis Miranda (DEM-DF) and his brother, Luis Ricardo Miranda, a civil servant at the Ministry of Health.