The Attorney General’s Office (PGR) reiterated on Monday, 18, the opinion in which it concluded that President Jair Bolsonaro did not commit a crime by leaving without a mask and causing agglomeration in public events in the pandemic.
The Deputy Attorney General of the Republic Lindôra Araújo sent a new statement to the Federal Supreme Court (STF) after being charged by Minister Rosa Weber, who pointed out “dubiousness” in the first opinion and said that the argument caused “some perplexity”.
“The reason for not delegating to criminal justice system actors the competence to audit the convenience of measures of this nature is elementary: they do not have the technical knowledge to do so; they lack training in sciences aimed at medical and health research”, criticized the minister.
The position of the Attorney remains the same. In the assessment of the assistant attorney, Bolsonaro’s conduct was no more than an administrative infraction, which prevents the opening of a criminal action.
“At no time did the Public Ministry, dominus litis, defend impunity for non-compliance with sanitary measures. What is expressed in the legal manifestation of this ministerial body is only the conclusion that the conduct of not wearing a mask constitutes an administrative, not a criminal, infraction, due to the subsidiary nature of Criminal Law”, he explains in the new document.
In his first opinion, Lindôra argued that the president’s behavior had “low harm” and that it is not possible to confirm the “exact effectiveness” of the mask to prevent the spread of the new coronavirus.
“There is disagreement regarding the possibility of gauging scientific evidence regarding the degree of efficacy of using a mask, not regarding the lack of use”, reiterates the assistant attorney.
The opinions were sent in two actions filed by the opposition: one presented by the PT after the round of motorcycles in support of the government organized in May and another articulated by PSOL lawmakers after the president lowered the mask of a child in a crowded event in Rio Grande do Norte.
Before opposing calls to investigate Bolsonaro, Lindôra saw the potential crime of violating the preventive health measure in a similar case. In October of last year, she represented against judge Eduardo Siqueira, of the São Paulo Court of Justice, who won the news after being caught humiliating a municipal guard who asked him to put on a protective mask during a walk along the coast of Santos (SP). On the occasion, he pointed out “vehement evidence of authorship and materiality” of the offense of infraction of preventive sanitary measure, provided for in the Penal Code.
The position of the assistant attorney led Senators Humberto Costa (PT-CE) and Randolfe Rodrigues (Rede-AP) to send a complaint to the Internal Affairs Office of the National Council of the Public Ministry (CNMP) asking for the opening of a disciplinary process to determine whether she violated functional rules .
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