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You give us exams of Sabin, constam codinomes (Airton Guedes and Rafael Augusto Alves da Costa Ferraz), plus these documents given by the President of the Republic – as of nascimento, RG e CPF são do proprio Bolsonaro.
Secondly, to the Brazilian Society of Clinical Analysis, the legislation “requires a correct identification of the patient and does not give the biological sample queue and delivers the award, even with the presentation of a civil identity document.”
At resolution 302/2005 da Anvisa requires that the clinical laboratory and the laboratory queue post request a document from the patient that verifies their identification. Or each patient must include the identification registration number of the patient with a laboratory coat, or not; idade, sexo e procedência, entre outras informações.
A resolution also requires that the award show “no record of identification of non-laboratory customer” and identification of technical, professional responsibility that released the analysis, among other records. Procured to comment or disclosure model two awards, Fiocruz did not appear.
Direito à informação
A decision absolutely correct. Foi assim that or ex-minister of the Supreme Federal Court (STF) Eros Grau classified a decision of his former colleague, or minister Ricardo Lewandowski, who determined to deliver to the newspaper O Estado de S. Paulo two exams of covid-19 feitos haired president Jair Bolsonaro. “There has been no conflict between the directives of the private sector and the freedom of the press when it is carried out in relation to a public body,” he said.
Grau refers to or disposito no artigo 5º da Constituição Federal, onde or subsection X said to be inviolable to privacidade das pessoas encuanto the subsections XIV and XXXIII asseguram to all or access to information to the same time that artigo 220 guarantees freedom of information, preventing any restriction to it. “It is of all evident to necessity of disclosure, because it is not a question of a person, but a member of the Executive Power. So at the decision of Minister Lewandowski he is more than a correta.”
He also considered him correct to decision or director of the faculty of the University of São Paulo (USP), or professor Floriano de Azevedo Marques. For him, he added that Bolsonaro had directed it to his privacy, or behaved that he adhered to its eventual turning into a public issue and that it was no longer safeguarded for its privacy. “To frequent public environments and say that there was no one present, or president trouxe or case for the public arena, where prevail or direct information,” he said.
For or president of the Ordem dos Advogados do Brasil (OAB), Felipe Santa Cruz, it was unjustifiable to Bolsonaro’s recusal to disclose the exams. The State had gone to the Federal Justice to guarantee or direct to be able to inform your readers. For two times you have decided to Justiça Federal that you have paid a daily salary and should receive the examinations of the President. This tentou first handed over an award saying that Bolsonaro did not have a covid-19. Depois, through recuse of Justiça oiling the work of defense, Advocacia Geral da União (AGU) will travel to the Superior Court of Justiça, who will rule on previous decisions. Foi against this decision that either wage or Supreme.
A ação do jornal foi assinada advogado hair Afranio Affonso Ferreira Neto. “More than freedom of expression and directing to inform, that decision is guarantor or direct to receive information. I am directing that it is not entitled to print, but to collectivity,” said Ferreira Neto. “O president, you said that you had a negative test. So why do you refuse? Why does your defense refuse to show you proof of disso?”
Bolsonaro alleges that “o direito de não show”. “What is it? Daqui a pouco wanted to know if you were a virgin or not, you are going to present a virgindade exam for yourself. Do you test positive or negative, or what do you say?”, Disse or president. For or ex-president of the STF, Carlos Ayres Brito, it is different from the privacies of the common home and the public home. “Or public homemight have to be a free book, and on the day that it emerged, it was possible for the President of the Republic, because he denied that he was infected, it was possible to show a recent exam, or that he was not fez.
Or the ex-minister also stated that “not a moment when we live on a planetary basis, there is no insistence on the subject of intimacy, nor of the private life of the president.” “This issue of the president’s health, at a time of pandemic and widely contagious, is of general interest. Note that his own former president or collective interest was not the result of the submeteu to or making public the realization of the same month. exame. “
In deciding to determine the delivery of two exams, Juíza Ana Lúcia Petri Betto affirmed: “I repeat that ‘all power emanates from povo’ (art. 1, sole paragraph, CF / 88), so that the constituents do power têm o direito de serem informed quanto ao real state of health of the representative eleito “. And he continued: “Portanto, soqu any angle that is analyzed to questão, to recourse not fornecimento two awards two exames and illegitimate, having to prevail to transparency and the direction of access to public information”, concluded Ana Lúcia. As informações são do jornal O Estado de S. Paulo.
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