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The President of the Federal Regional Court of the 3rd Region (TRF-3), Judge Mairan Maia, denied, this Saturday (2), a second appeal from the Office of the Attorney General (AGU) against the disclosure of the examinations carried out by Jair Bolsonaro to verify if he has been infected or not by the new coronavirus. In the analysis of the first appeal, by another judge, the government managed to suspend the sending of documents.
“This is not a very personal right to maintain the privacy of the test results, but information of public interest on the diagnosis of contamination or not by Covid-19,” concluded the president of TRF-3.
Judge Mairan Maia’s decision was taken hours after the judge on duty, Mônica Nobre, of the same court, decided in a different sense and suspended the disclosure of the documents for a period of five days. Mônica’s determination was made in the analysis of another Union resource.
In general, the law establishes the confidentiality of the diagnosis as one of the patient’s rights. The move is also backed by the code from the Federal Council of Medicine. Furthermore, personal health data is classified as “sensitive” by the General Data Protection Law (LGPD), which expects the end of the pandemic to be sanctioned.
However, there are exceptional situations, such as a pandemic or when secrecy puts other people’s lives at risk. Even so, in cases where it is necessary to disclose the data, they must be provided anonymously, without identifying the guardian behind the information.
Weather
The understanding of the president of the court, according to the AGU, “does not change the decision that released the Union to provide the reports this Saturday (2) and established a period of 5 days for the reporter of the action in TRF-3 analyze the case. “
In analyzing this other federal appeal, the president of TRF-3 rejected the request to reverse the decision of the São Paulo Federal Court, which had determined the disclosure of the documents within 48 hours.
“The Federal Union limits itself to justifying that there is no obligation to provide the reports of the examinations carried out by the Honorable President of the Republic. It does not demonstrate, although superficially, to what extent the decision of the first degree has the real potential for crime.” to public order “, concluded Mairan Maia.
Legal action
After repeatedly questioning the Planalto Palace and the president himself about the disclosure of the examination results, the newspaper The state of S. Paulo filed a lawsuit in which it states “restricting the access of the population to information of public interest”, which culminates in “censoring the full freedom of journalistic information”.
The Presidency of the Republic refused to provide the newspaper with the data through the Access to Information Law, arguing that “it refers to the privacy, privacy, honor and image of protected persons with restricted access.”
