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Política Nacional / 27/04/2021


Covid CPI: Judge overturns injunction and Renan Calheiros can be rapporteur

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Covid CPI: Judge overturns injunction and Renan Calheiros can be rapporteur

Decision says there was a risk of interference in the legislative branch

Judge Francisco de Assis Betti responded to the Senate's appeal and overturned an injunction that prevented Renan Calheiros being Covid's CPI rapporteur. For him, the decision violated the separation of powers.

"There is a risk of serious injury to public order, the perspective of the constitutional, administrative order and the perspective of maintaining independence and harmony between the Powers of the Republic, given the circumstance that, in this case, the possibility is verified that the questioned decision, in theory, violated the principle of the functional separation of powers (art. 2 of the Federal Constitution of 1988), by decisively interfering in the autonomy and in the exercise of the functions inherent to the Legislative Power ", he wrote in your dispatch.

Betti also points out that the appointment of the rapporteur is the responsibility of the CPI president, who has not even been elected yet. "Furthermore, the Covid-19 CPI installation session in the Federal Senate has not yet been held, for the election of its president and vice president, summarizing all the allegation brought in the main action to the alleged violation, in theory, to the principle of public morality. Such circumstances, however, if the case, should be evaluated a posteriori within the scope of the respective Legislative House and in the face of concrete factual circumstances eventually determined during the exercise of parliamentary activity ", he said.

Journalist Rodrigo Haidar, a specialist in the coverage of the Judiciary, said that the initial decision that removed Calheiros the rapporteurship had been frowned upon in Brasília. "One joke they made is that the decision was so weak that it looked like that meme is true this billet," he said.

Haidar recalls that the CPI, despite investigating, has no power to judge and condemn those involved. "There is nothing in the Senate charter or in any federal legislation or in the Constitution that says that a senator has an obligation to be impartial. Senator is not a judge," he explained.

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