The Minister of the Federal Supreme Court, Flávio Dino, barred this Wednesday (11) the coercive conduct of Leila Pereira, president of Palmeiras and owner of Crefisa, by CPMI of the INSS. Dino published a decision in favor of the businesswoman in the following terms:
- recognition of doubt: the minister considered the applicant’s doubts about the scope of previous injunctions “reasonable”, justifying her absence on March 9;
- prohibition of coercive conduct: due to the “short notice” for tomorrow’s session, the minister considered the imposition of taking the witness by force unreasonable;
- freedom of schedule: Dino decided that the businesswoman could choose between attending tomorrow or requesting the designation of a new date.
Leila, who was called to appear last Monday (9), claimed pre-scheduled appointments and was not present. She had committed, however, to attend the following week. The businesswoman sued the STF to obtain the same benefit granted to Roberta Luchsinger and Lulinha, which suspended the commission’s en bloc breach of confidentiality. She also asked for the summons as a witness to be overturned. Dino, however, explained that his decision only suspends breaches of confidentiality, not summons. The new CPMI session will be tomorrow and, given the deadline, Leila Pereira can attend or request a new date.
In a note, the Commission declared that “the decision that prevents the person summoned from appearing before the CPMI causes deep perplexity. The Brazilian Parliament exercises a constitutional function of oversight and investigation on behalf of society.” The CPMI also says that private agendas cannot override the duty to provide clarifications, and that the National Congress “cannot be treated as a secondary body”.
Check out the full note:
The decision that prevents the person summoned from attending the CPMI causes deep perplexity. The Brazilian Parliament exercises a constitutional oversight and investigation function on behalf of society. A Joint Parliamentary Commission of Inquiry is not a formal event; It is an instrument provided for in the Constitution to clarify serious facts that directly affect the lives of Brazilians.
The justification presented, based on international commitment, raises an inevitable question: since when can a private or institutional agenda override the duty to provide clarifications to the National Congress? Parliament represents the Brazilian people, and the duty to collaborate with investigations of this nature should be treated with absolute priority.
The National Congress cannot be treated as a secondary body. Parliament’s authority and society’s right to know the truth must be preserved.
Today, there is an institutional agenda previously scheduled with the Minister of the Federal Supreme Court André Mendonça, in which various topics relevant to the country and the functioning of the institutions will be addressed. The commitment demonstrates that it is possible to reconcile high-level institutional agendas without disrespecting the duty to provide clarifications to Parliament.
In view of this, the Commission will decide to recall Leila Pereira to provide clarifications next Wednesday 18/03, reaffirming Parliament’s authority and duty to collaborate with this investigation.
The investigation will continue, with all available constitutional instruments, until the facts are fully clarified.
