Minister Carmen Lúcia, of the Supreme Federal Court (STF), gave Defense Minister Walter Braga Netto five days to provide information on the secrecy imposed on the administrative process opened by the Army against General Eduardo Pazuello, former Minister of Health, for the participation in an act in support of the President of the Republic, Jair Bolsonaro, in Rio. The deadline for reply cannot be extended, said the minister.
“We request, with urgency and priority, information from the Minister of Defense, to be provided within a maximum and non-extendable period of five days. Afterwards, the Federal Attorney General and the Attorney General’s Office will be consulted in accordance with current legislation, within a maximum and priority period of three days each”, wrote the minister.
The order was given in an action to publicize the process brought jointly by opposition parties – PT, PCdoB, PSOL and PDT.
The captions state that the 100-year secrecy imposed on documents related to the process violates the right of access to information and the principle of administrative morality. “The public interest in the administrative disciplinary proceeding in question and in the grounds of the decision that determined its archiving is undoubted, in addition to the patent unconstitutionality of decree of secrecy on the administrative disciplinary proceeding already closed,” they argued in the action.
To the STF, the parties also stated that the shelving of the process could set a precedent for the insubordination of the troops. “A serious democratic threat, considering that the investigated acts are a breach of the Army’s discipline and hierarchy, setting a precedent for the partisanship of the military, in addition to demonstrating the fragility of Brazilian institutions,” they argued. “In this sense, secrecy is a serious affront to democracy.”
The minister adopted an abbreviated rite in the case and sent the process directly for analysis in plenary after receiving information from the Ministry of Defense, the Federal Attorney General’s Office and the Attorney General’s Office.
Military personnel in the Armed Forces are prohibited, by law and by the statutes that govern their actions, from speaking out on political and party issues.
In the case of Pazuello, who even made a brief speech in a sound truck beside the President of the Republic, the Army’s General Commander, Paulo Sérgio Nogueira de Oliveira, concluded that there was no disciplinary transgression and filed the administrative procedure opened for ascertain the case.
As the newspaper O Estado de S. Paulo showed, the result of the procedure clashes with the history of the Armed Forces.
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