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The Attorney General of the Union (AGU) reported on Thursday (04/30) that he sent the Federal Justice of São Paulo a medical report dated March 18, attesting that President Jair Bolsonaro is “asymptomatic” and had a result negative. for tests of the new coronavirus carried out last month. AGU, however, did not forward the test reports, as requested by the State and required by the courts.
“The Office of the Attorney General filed a petition in the lawsuit filed by the newspaper O Estado de S. Paulo that requires the disclosure of the Covid-19 detection tests by the President of the Republic, Jair Bolsonaro. The AGU presents, at the event, a medical report issued on March 18, 2020 by the Health Coordination of the Presidency of the Republic, which certifies that the President of the Republic is monitored by the respective medical team, being asymptomatic, including The Covid-19 screening test was performed on March 12 and 17, and the test was not reactive (negative). In view of attaching the report to the case file, AGU requests the process be terminated, ”the agency informed the State.
Last Monday (04/27), the State of São Paulo guaranteed the right to obtain the Covid-19 tests carried out by President Jair Bolsonaro. By decision of Judge Ana Lúcia Petri Betto, the Union had a period of 48 hours to provide “the reports of all the examinations” carried out by the President of the Republic to identify the infection or not of the new coronavirus. Bolsonaro has already said that the test results were negative, but he refuses to release the documents until today.
Federal judge Ana Lúcia Petri Betto had established a period of 48 hours for the Federal Government to present the results of the exams and set a fine of R $ 5,000 per day for unjustified omission.
“It is repeated that ‘all power emanates from the people’ (art. 1, sole paragraph, of CF / 88), so that those in power have the right to be informed about the actual state of health of the elected representative” , the judge concluded, when responding to the State’s request.
This Thursday morning, Bolsonaro said that the law guarantees him the right not to present the results of the Covid-19 tests he carried out to find out if he had the disease. In a statement before the Alvorada Palace, the president noted, however, that if the judicial decision guaranteeing disclosure is upheld, there will be no alternative.
“AGU (Advocacia-Geral da União) must have appealed. And if we lose the appeal, it will come. And I will feel violated. The law is valid for the president and the humblest Brazilian citizen, ”said the president before embarking in Porto Alegre, where he will participate in an Army ceremony.
Even before being officially notified, the AGU sent a statement to the São Paulo Federal Court opposing the release of the results of the Bolsonaro exam. On six pages, AGU says the request must be denied, arguing that “intimacy and privacy are individual rights.”
Last Tuesday, Bolsonaro said he wants to defend in court the right not to show the results of the covid-19 exams he conducted.
“For my part, it is fine to show (the result), but I want to show that I have the right not to show it. Why that? In a little while you will want to know if I am a virgin or not, I will have to present you with a virginity test. positive or negative, what do you think there? ”said the president at the door of the Palácio da Alvorada when speaking to the press.
The jurists, however, disagree with Bolsonaro’s understanding. Former President of the Federal Supreme Court (STF), Carlos Ayres Britto, considered the Court’s decision “legally correct”. In the evaluation of the former magistrate, Brazil has the right to know the health of the president.
“The country has the right to know about the health of its president, especially since it is a contagious disease and, as far as is known, the president has not suffered any physical isolation,” said Ayres Britto. “The moment we live on a planetary basis, the matter does not fall within the scope of privacy, not even the private life of the President. The president himself anticipated the collective interest in the result of the examination to which he was subjected by making the same examination public, “he added.
Bolsonaro tested for the virus twice, on March 12 and 17, after returning from an official mission in the United States, where he met with President Donald Trump. Both times, the CEO said, through social media, that he tested negative for the disease, but did not show a copy of the results. At least 23 people who accompanied the president on the visit to the United States, including close aides, were later diagnosed with the disease.
For the president of the Brazilian Bar Association (OAB), Felipe Santa Cruz, it is “unjustifiable” that Bolsonaro has not yet published the exams. “Especially in an epidemic situation, it is relevant for the president to be transparent and reveal the official result of his examination, as are several leaders of democratic countries.”
