A group of jurists coordinated by former Justice Minister Miguel Reale Júnior delivered this Tuesday (14) to Covid’s CPI a study on the possible crimes committed by President Jair Bolsonaro during the pandemic.
The opinion should help support the report by senator Renan Calheiros (MDB-AL) that will conclude the work of the CPI. According to the senator, the final document should be delivered on the 23rd.
The document of the jurists even points out, crime of responsibility that can be attributed to Jair Bolsonaro. Crimes of responsibility, according to the Constitution, can result in the impeachment of the President of the Republic.
“The President of the Republic, through normative acts, government acts and personal conduct, conspired, especially throughout March and April 2020, against the sanitary measures dictated by science, adopted by the Ministry of Health, until, in the end, of March, the [então] Minister Henrique Mandetta sends a letter to the president in which he announces the collapse of the system if there was no change in attitude”, says the opinion.
According to the study, there was “conscious omission” and “inaction” by Bolsonaro, former Health Minister Eduardo Pazuello and former executive secretary of the folder Élcio Franco. According to the document, the three are “co-authors” of the “humanitarian disaster” caused by the pandemic.
“The lack of courage in the imposition of unpopular but absolutely necessary measures, and the conscious omission, accepting the result of death derived from inaction, lead to the evident responsibility of the humanitarian disaster to the drivers of health policy in the country”.
The study was carried out at the request of senator Alessandro Vieira (Cidadania-SE).
List of possible crimes
See, in the list below, a summary of the possible crimes identified by the group of jurists in the conduct of President Jair Bolsonaro throughout the fight against the pandemic:
CRIME OF LIABILITY FOR BREACH OF INDIVIDUAL WARRANTIES
The individual guarantees provided for in the Constitution include the right to life and health. According to the opinion, the crime of responsibility was committed by Bolsonaro at various stages of the pandemic by promoting agglomerations; encourage the use of products proven to be ineffective against Covid, such as chloroquine and ivermectin, and criticize social isolation.
The report points out that the president “has stopped buying vaccines” and compromised the immunization of the population by not responding to proposals from the Butantan Institute and Pfizer.
“The President of the Republic fails to fulfill his duty, to assume the coordination of the fight against the pandemic, saying that any action by the Supreme Court has been prohibited, which, as highlighted earlier, denies it, as there is common competence, and the Union, States and Municipalities must act together according to the structure of the Unified Health System”, says the document.
The crime of epidemic is related to behaviors such as helping to spread the coronavirus, generating clusters and disrespecting the use of the mask
“The President of the Republic practiced acts of public manifestation and normative acts clearly in order to cause the spread of the epidemic, either to seek herd immunity, or to supposedly privilege the economy at the expense of the life and health of the Brazilian population”, he points out the opinion.
CRIME OF INFRINGEMENT OF PREVENTIVE HEALTH MEASURE
This crime is characterized when someone disrespects measures aimed at preventing the spread of the virus, such as quarantine or isolation.
At this point, the jurists cited tours that Bolsonaro took through Brasília, occasions in which he and the president, without a mask, hugged people.
The term refers to the illegal act of announcing the cure of a disease by a secret means.
“The encouragement of the use of chloroquine and other drugs not scientifically proven was an arm of the policy to encourage the spread of the disease. By selling and propagating a supposed cure for Covid-19, from the use of drugs without proven efficacy and with possible serious side effects, the President demonstrates an absolute contempt for the health of Brazilians, revealing that his concern is solely and exclusively focused on the quick return of people to work,” said the opinion.
The conduct pointed out in the report is also related to encouraging government supporters to disregard municipal, state and federal standards of isolation and protection.
“The President of the Republic Jair Messias Bolsonaro, by encouraging the population to gather, not to wear a mask and not to be vaccinated, incited the population to violate the government’s determination aimed at preventing the spread of a contagious disease”, the jurists say.
Malfunction is characterized when a public official hinders or delays some of the obligations of his position.
The commission of jurists mentions an episode in which deputy Luis Miranda (DEM-DF) and his brother, the import head of the Department of Health Logistics of the Ministry of Health, Luis Ricardo Miranda, claimed to have warned Bolsonaro about suspected irregularities in the purchase of the Indian Covaxin vaccine. “In view of the factual set of evidence produced by the CPI, it is possible to affirm that the Miranda brothers did not break the truth when they denounced serious facts of corruption in the Ministry of Health”, justify the jurists.
CRIMES AGAINST HUMANITY
Here, jurists speak of a widespread attack on the population that causes lasting damage to the physical and mental health of patients.
At this point, the opinion makes reference to the lack of oxygen supply in the city of Manaus and the outbreaks of contamination among indigenous populations.