TRF-3 suspends order that forced Bolsonaro to submit coronavirus test results | Politics

Judge Mónica Nobre responded to an appeal from the AGU and set a period of five days for the case to be analyzed and a decision on whether or not to carry out the exams.

While the magistrate was doing his duty, the deadline determined by her is for the original reporter of the appeal, Judge Carlos Muta, to decide whether or not to deliver the exams.

On Thursday (30), federal judge Ana Lúcia Petri Betto, of the 14th Federal Civil Court of São Paulo, determined that the AGU must provide the reports of all the examinations carried out by the president for the coronavirus.

The magistrate considered that Bolsonaro’s medical report presented by the AGU last week “did not fully comply with the judicial order” that gave the newspaper “O Estado de S. Paulo” access to the reports of the president’s examinations for Covid-19 .

For TRF-3, AGU argued that there is no legal obligation to provide such tests. “The Access to Information Law itself, used as the basis for requesting reports, is expressed by establishing that the use of personal information must respect intimacy and privacy and depends on the consent of the interested party,” argued the president’s defense.

For the government, respect for intimacy and privacy are protected individual rights, therefore, as stone clauses of the Constitution. And, AGU maintains, the fact that an individual is President of the Republic does not mean that he or she does not have the right to privacy and privacy.

In his decision, the judge said that both the government and the newspaper have plausible arguments.

“In summary and preliminary cognition judgment, I observe that the analysis of the case records shows that the arguments of both parties are sustainable, so there is no way to evaluate, at this procedural moment and, in judicial duty, the probability of the right invoked for them. ”

According to the TRF-3 judge, “the extension of the term, avoiding the irreversibility of the measure without the analysis of the competent magistrate, does not cause irreparable damage to the accused, even in light of the fact that it deals with actions filed on March 27, 2020 “.

The AGU said it sent a medical report from the Presidency’s health coordination to the Court, dated March 18, but without the exams. The government also requested that the case be closed.

When he requested the information from the government, the judge determined the presentation of the two tests to which the president was submitted and which, according to Bolsonaro himself, gave a negative result.

On Thursday, in an interview with Guaíba radio, Bolsonaro considered the possibility of becoming infected with the coronavirus. “I may have detected this virus in the past. Maybe, maybe, and I didn’t even feel it,” he said.

In complying with the newspaper’s request, the magistrate said that the citizen has the right to know the actual state of health of the president. The federal judge said that “at the present time of a pandemic that is affecting not only Brazil, but the entire world, the fundamentals of the Republic cannot be neglected, especially with regard to the duties of information and transparency.”

Referring to the Constitution, he said in the decision that “all power emanates from the people” and, for this reason, he wrote, “those in power have the right to be informed about the actual state of health of the elected representative.”

In March, the President took tests, but never took them. He only said that the results had been negative. Earlier that month, he made an official trip to Florida, in the United States. Back in Brazil, part of the presidential party was diagnosed with covid-19.