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In a new provisional measure published in the early hours of Thursday 14, in the Official Gazette, the President Jair Bolsonaro exempts public agents from being accountable “in the civil or administrative spheres” for errors in the struggle new coronavirus. The measures to “face the public health emergency” and “combat the economic and social effects” caused by the covid-19 will only be attributed to the agents if they “act or omit with intent or serious error”, that is, when there is a clear intention of harm.
“The mere causal link between the conduct and the detrimental result does not imply the responsibility of the public agent,” he says. MP 966 6. The text is signed by Bolsonaro, Minister of Economy. Paulo Guedes and by Wagner de Campos Rosário, responsible for the command of Federal Comptroller General (CGU)
The measure is a kind of “vaccine” so that public officials, who include the president and ministers, cannot be held responsible for irregularities in both hiring and economic measures that eventually violate the law. In justifying what will be considered a “serious error”, the parliamentarian says that it will be necessary to analyze “the context of uncertainty about the most appropriate measures to face the dacovid-19 pandemic and its consequences, including the economic ones.”
In the case of the R $ 600 emergency aid for informal workers, for example, there were doubts on the part of the government’s economic team about whether the benefit could be paid without indicating the sources of income in the Budget, a formal prerequisite in the time to predict an expense The fear was precisely that the transfer of money could lead to a future liability crime.
Any damages caused by a technical opinion of public agents will only be attributed to them if there are “sufficient elements for the decision maker to assess fraud or serious error”, or collusion (combination of two or more agents with the objective of harming a third party). The text defines as “serious” the “manifest, evident and inexcusable error practiced with serious fault, characterized by an action or omission with a high degree of negligence, recklessness or malpractice”.
Even so, the text foresees that before any public agent is accountable “the” real obstacles and difficulties “, the” complexity of the matter and the attributions “and the” circumstance of incomplete information “, among other factors, are analyzed. It has already been in force since Wednesday the 13th, with a term of 60 days, which can be renewed for another two months.
Asked about the PM in the morning in front of the Alvorada PalaceBolsonaro did not explain: “I will see this when I get there now,” he replied. Disputed with the information that the measure was already published, Bolsonaro replied: “No, are there more questions, boys?”
See below for the full MP 966:
THE PRESIDENT OF THE REPUBLIC, using the powers conferred on him by art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:
Art. 1 Public agents can only be held responsible in the civil and administrative spheres if they act or omit with intent or serious error the practice of acts related, directly or indirectly, to the measures of:
I – facing the public health emergency resulting from the dacovid-19 pandemic; and
II – fight against the economic and social effects resulting from the dacovid-19 pandemic.
§ 1 The responsibility for the technical opinion will not be automatically extended to the decision maker who has adopted it as the basis for deciding and will only configure:
I – whether there are sufficient elements for the decision maker to assess fraud or serious error of the technical opinion; or
II – if there is collusion between the agents.
§ 2 The mere causal link between the conduct and the harmful result does not imply the responsibility of the public agent.
Art. 2 For the purposes of the provisions of this Provisional Measure, a serious error is a manifest, evident and inexcusable error practiced with serious fault, characterized by an act or omission with a high degree of negligence, recklessness or malpractice.
Art. 3 When evaluating the occurrence of a serious error, the following shall be considered:
I – the real obstacles and difficulties of the public agent;
II – the complexity of the matter and the duties exercised by the public agent;
III – the circumstance of incomplete information in an urgent or emergency situation;
IV – the practical circumstances that have imposed, limited or conditioned the action or inaction of the public agent; and
V – the context of uncertainty about the most appropriate measures to face the dacovid-19 pandemic and its consequences, including economic ones.
Art. 4 This Provisional Measure will enter into force on the date of its publication.
Brasilia, May 13, 2020; 199 of Independence and 132 of the Republic.
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