The Attorney General’s Office (PGR) defended this Tuesday, 30, the filing of the action brought by the Association of Victims and Relatives of Victims of Covid-19 (Avico) against President Jair Bolsonaro (without a party) for managing the pandemic. .
The entity attributes nine crimes to the president: prevarication, infraction of preventive health measure, incitement to crime, irregular use of public funds, danger to life or health, epidemic resulting in death, charlatanism, destruction of lifesaving material and document falsification. particular.
The action filed by Avico is called a “private criminal action subsidiary of the public”, provided for in the Constitution for situations of inertia of the Public Ministry (MP). The law provides that this inertia is configured when there is no manifestation of the MP – either by offering a complaint, by filing the case or to deepen the investigation.
The PGR denies “inaction” and says that “there was activity and ministerial pronouncement” on the allegations raised. The agency also states that it “acted and continues to pursue” in several cases on the role of the federal government in dealing with the health crisis caused by covid-19, but does not act “in accordance with the claims of interested parties”.
“The fact that some of them have manifested themselves in the sense of archiving due to the lack of typicality or sufficient evidence for the continuation of the criminal investigation is not to be confused with omission or institutional inertia”, says an excerpt from the manifestation.
The opinion is signed by the Deputy Attorney General of the Republic Lindôra Araújo. She criticizes the association for what she considers an attempt to advance the role of the MP and to “empty” the authority of the body.
“The fact that the Avico association understands that the case is a criminal action for the practice of crimes that it considers to have been committed by Jair Messias Bolsonaro does not give it the right to file a subsidiary complaint when the holder of the criminal action has already positioned itself for the filing. or when investigations are still ongoing”, writes Lindôra.
The deputy prosecutor also says that the points raised by the association are “essentially the same” as other processes that are already underway or have been filed. Lindôra says it would be illegal to pursue lawsuits based on similar accusations, which in her assessment would constitute “political persecution and partiality”.
The statement was sent to the office of Luís Roberto Barroso, rapporteur of the action at the Federal Supreme Court (STF), who was awaiting the opinion of the PGR to decide the fate of the case.