08/29/2023 – 23:17
An opinion by the Attorney General’s Office of the Federal Senate concludes that the parliamentary commissions of inquiry of the National Congress can sign rewarded collaboration agreements, provided that they have the approval of the Public Prosecutor’s Office. The opinion was formulated in response to a question asked by the rapporteur of the CPMI on the 8th of January, senator Eliziane Gama (PSD-MA).
The CPMI is studying the use of the award-winning whistleblowing feature in investigations. The possibility arose after the testimony of hacker Walter Delgatti. The hacker said that former president Jair Bolsonaro had promised a pardon (forgiveness of sentence) if he assumed an alleged wiretapping against the minister of the Supreme Federal Court (STF) Alexandre de Moraes and that, at Bolsonaro’s request, he guided the military of the Forces Armadas in preparing the report on electronic ballot boxes. However, Delgatti was silent in the face of questions from parliamentarians.
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For the Senate advocacy, the CPIs may have the initiative to propose plea bargains, but these need the authorization of the Public Prosecutor’s Office (MP), which is the holder of the criminal action. It is then up to the MP to present the agreement to the judicial authorities, who must ratify it. It is the same prerogative attributed, for example, to police chiefs in charge of police investigations.
“It would not make sense to deprive the CPIs of the prerogative of using the strategic means of proof that is award-winning collaboration. If the Constitution assigns a certain competence to a legal entity, this entity must be recognized as being able to use the appropriate and necessary legal instruments for the regular exercise of the competence that was attributed to it. The execution of an award-winning collaboration agreement as a means of obtaining evidence is an appropriate and necessary legal instrument for this purpose, in accordance with the definition adopted by the STF”, explains the opinion.
* With information from the Senate Agency
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