Otherwise, Weber points out, the president would be authorized “to remain motionless even if the existence of crimes is formally communicated (…) in the dependencies of the structures (…) of the Government”according to the Europa Press news agency.
“The thesis is not supported, with all due respect. In the context described above, it is perfectly possible to extract from the legal and constitutional system administrative powers linked to being exercised by the head of government,” argued Weber.
Although the magistrate recognizes that the Supreme Court usually accepts the file demands presented by the Prosecutor’s Office -the only competent authority to carry out an investigation on persons with privileged jurisdiction-, said compliance cannot be automatic, so she invoked a precedent known as “atypical behavior” to support their decision.
In this sense, Weber explained that if the Prosecutor’s Office always had the last word and not the Supreme Court, there would be “a clear and unauthorized” reversal of constitutional roles.
Prosecutor Aras’s thesis follows the conclusions of the investigation by the Federal Police, which a couple of months ago decided to dismiss the allegations of prevarication against Bolsonaro since he would not have a “legal duty” to act.
If the hypothesis that the president ignored these suspicions was considered correct, he would have incurred “in a civic breach” and “not in a deviation from a functional duty”Aras maintains.
The complaints about this case were presented by Deputy Luis Miranda and his brother, Ricardo Miranda, who works for the Ministry of Health, during one of the sessions of the Parliamentary Commission of Inquiry (CPI) in charge of investigate pandemic managementwhich took place over the past year.
Both maintain that they met with Bolsonaro to warn of possible irregularities in the purchase of Covaxin, the Indian vaccine against the coronavirus.
They not only reported “atypical pressures” for the purchase of a 20 million dosesbut also presented several chancery documents in which a price eleven times higher than that stipulated by the manufacturer was reflected.
Finally, the purchase was annulled at the end of June of last year, after the uproar that the accusations generated in the ICC, which, among its many final conclusions, requested the indictment of Bolsonaro for this case.
Source: Ambito
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