The crimes attributed to Bolsonaro by jurists in a report to the CPI of Covid
Covid's CPI this week received a report prepared by Brazilian jurists that states that President Jair Bolsonaro may have committed several crimes in the management of the coronavirus pandemic, including crimes of responsibility, which could trigger impeachment proceedings.
The document arrives at the hands of the senators at a time when the commission — established earlier this year to investigate the responsibilities of authorities in the management of the coronavirus pandemic in Brazil — is preparing to forward its final report with the results of the work.
The CPI has been marred by strong criticism of Bolsonaro in managing the crisis, and the commission's final report is expected to prompt impeachment orders against the president. However, any request for impeachment must be approved by the president of the Chamber, Arthur Lira (Progressistas-AL), who is an ally of Bolsonaro.
The document, prepared by the jurists over three months, states that "there are many situations that, in the opinion of the expert committee, deserve further investigation by the control bodies of the Brazilian State, as well as the real hypotheses are quite evident. of just cause for several criminal actions".
"What remained evident until the conclusion of the work of the expert committee is the occurrence of a deliberately irresponsible government management that violates the criminal law, with prompt accountability. public administrators, but also the constant refusal of scientific knowledge produced during the fight against the covid-19 pandemic", says the text.
The 226-page report was made in June this year at the request of senator Alessandro Vieira (Cidadania-SE). In application number 826 this year, the senator called for a "study by renowned jurists and researchers from different Brazilian universities, led by Professor Salo de Carvalho, on the criminal liability potentially applicable to those responsible for actions and omissions in the fight against the pandemic".
Professor Carvalho was involved in the beginning of the work, but ended up leaving the report, which was in charge of Miguel Reale Júnior - the same jurist whose complaint in 2015 started the process that culminated in the impeachment of the then president of Brazil, Dilma Rousseff .
Document is signed by Miguel Reale Júnior, who coordinated the work
Three other jurists sign the document: Sylvia H. Steiner, Helena Regina Lobo da Costa and Alexandre Wünderlich.
Over the months, Bolsonaro and his government have refuted the evidence raised by the CPI, which are now gathered and analyzed from a legal point of view in the jurists' document.
Check below the five crimes that the government of Jair Bolsonaro would have committed, according to the report's findings.
1. LIABILITY CRIMES
The document lists seven areas of action where President Jair Bolsonaro and federal government health officials have committed crimes of responsibility.
Among the areas are the herd immunization project, acts contrary to the precaution against covid, promotion of drugs without proven efficacy, the actions of the federal government in Manaus and errors in the process of purchasing vaccines from Pfizer and Butantan.
"Throughout February and March 2020, the President of the Republic was repeatedly made aware of the serious problems arising from the pandemic that had led to the decree of the National Emergency, as seen in the ministerial meetings that took place with his presence at the Planalto Palace", say the jurists.
Jurists say Bolsonaro's government may have committed crimes in managing the covid crisis in Manaus in January of this year
"(…) There were only obstacles on his part to comply with the measures indicated as essential for protecting the lives of the population and defending their health in the face of the spread of the covid-19 virus"
"The President of the Republic placed the guarantee of the continuity of full economic activity above the adoption of the measures recommended by experts and by the WHO, manifesting insensitive indifference to the deaths that would occur, 'because we are all going to die one day', taking planned decisions to minimize the prevention hindering the use of masks; expanding the list of essential activities not subject to work limitation; participating in agglomeration in closed or open spaces and authorizing activities in temples and schools; spreading every day the adoption of precocious treatment not scientifically verified and, sometimes harmful to health."
"Finally, conspiring against vaccines, either by not acquiring them, or by instilling in the population's minds mistrust about their efficacy and even suggesting that they are harmful."
The jurists also cite the supposed formation of a "shadow ministry" formed by informal advisers in meetings at the Palácio do Planalto that aimed to promote the idea of herd immunization.
The report states that Bolsonaro could be framed in Article 85 of the Federal Constitution, for a crime of responsibility for "attempting the exercise of individual and social rights, in this case the right to life and health."
"Law 1.079/50, relating to crimes of responsibility, provides in its article 7, number 9, which constitutes a crime to 'patently violate any individual right or guarantee contained in article 141 and the social rights guaranteed in article 157 of the Constitution'. (The law referred to articles of the 1946 Constitution, corresponding to articles 5 and 6 of the current Constitution). "
2. CRIMES AGAINST PUBLIC HEALTH
In this item, the jurists unfold the argument against the management carried out by the federal government in three crimes: epidemic crime, crime of infraction of preventive sanitary measure and quackery crimes.
Article 267 of the Penal Code provides for punishments for those who "cause an epidemic".
"Causing an epidemic here means contributing in a relevant way to the result verified in concrete, as is widely current in criminal law", write the jurists.
"As seen, Mr. President of the Republic Jair Messias Bolsonaro practiced acts of public demonstration 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 life and of the health of the Brazilian population."
The document mentions agglomerations promoted by Bolsonaro, such as the 'motorcycles'
In the violation of sanitary measures, the jurists cite the various agglomerations promoted by Bolsonaro and the president's and other authorities' failure to wear a mask. The crimes are provided for in article 268 of the Penal Code: "Breaking a decision by the government, aimed at preventing the introduction or spread of a contagious disease".
Law 14,019/20 is also mentioned, which provides for the possibility of imposition of sanctions by federal agencies on those who do not comply with the mandatory use of masks.
In the part about quackery, the report cites Bolsonaro's promotion of drugs without proven efficacy or proven to be ineffective, such as ivermectin and hydroxychloroquine, in combating covid. This crime is provided for in article 283 of "inculcating or announcing a cure by secret or infallible means".
3. CRIME AGAINST PUBLIC PEACE
This crime would be provided for in Article 286: "of publicly inciting the practice of crime" by encouraging disrespect for quarantines and the use of masks.
"The President repeatedly urged people not to comply with these obligations, even mocking them and calling them restrictive of the freedom to come and go and not protective of health and life as they actually are."
"On the other hand, it provoked people, who effectively did, to invade hospitals with the false suspicion that the high occupancy of ICU beds was a lie."
On June 10, Bolsonaro said during a live stream on his Facebook: “I may be wrong, but, in whole or in large part, no one lost their life for lack of a respirator or an ICU bed. one case or another. It would be good for you, at the end of the line, there is a field hospital near you, a public hospital, find a way to enter and film. A lot of people are doing this, but more people have to do it to show whether the beds are occupied or not".
4. CRIMES AGAINST PUBLIC ADMINISTRATION
In this part, the jurists list the negotiations between the federal government and companies and agencies for the acquisition of Coronavac and Covaxin vaccines. In addition, jurists speak in the case of the Davati company, in which doses of vaccines were offered at a more expensive price to the federal government.
In the case of the purchase of Coronavac, produced by the Butantan Institute, the text states that there is no evidence of "any criminal offense".
Regarding the case of Davati, in which CPI investigations showed that the company based in the United States offered 400 million doses of the AstraZeneca vaccine, to be acquired in the secondary market, the jurists believe that there was a crime of passive corruption.
In this case, the crimes are not imputed by jurists to Bolsonaro, but to directors of the Ministry of Health and company executives. These crimes are provided for in Article 317 of the Penal Code: "Soliciting or receiving, for oneself or others, directly or indirectly, even if outside the function or before assuming it, but because of it, undue advantage, or accepting a promise of such an advantage".
In the case of the Indian vaccine Covaxin, the Ministry of Health signed a contract with Need Medicines, which represented the Indian pharmaceutical company Bharat Biotech. However, it turned out that there were problems with the documents and the price of the vaccine, and the contact was eventually cancelled.
Jurists list embezzlement and document forgery as crimes allegedly perpetrated by private companies. In the case of public agents, the report states that administrative law and malfeasance crimes may have been committed.
5. CRIMES AGAINST HUMANITY
Finally, the report says that Bolsonaro would have committed crimes against humanity, in the lack of assistance to indigenous peoples and in the oxygen supply crisis during the coronavirus outbreak in Manaus, in January of this year.
Former Minister Eduardo Pazuello is mentioned in the report in an item on crimes against humanity
The jurists cite crimes that are provided for in the Rome Statute, created in 1998 and to which Brazil adhered in 2002, which created the International Criminal Court.
"There are, therefore, the elements that authorize the conclusion that the deliberate acts and omissions of the Presidency of the Republic, directly or through its bodies, in particular the Minister of Health Eduardo Pazuello, reflect the existence of contextual elements of foreseen crimes against humanity in Article 7(1)(k) of the Rome Statute of the International Criminal Court, consisting in the infliction of inhumane acts of extreme gravity and which caused, and continue to cause, great suffering, death, serious bodily injury, lasting damage to physical health and mental health of patients, and material and psychological damage to families and health professionals", states the text.
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source writing https://www.bbc.com/portuguese/brasil-58573727
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