Brazilian parliamentary commission of inquiry
The COVID-19 CPI, also known as Pandemic CPI, Coronavirus CPI, or simply COVID CPI, was a parliamentary inquiry commission from Brazil, with the goal to investigate alleged omissions and irregularities in federal government actions during the COVID-19 pandemic in Brazil. It was created on April 13, 2021 and officially installed in the Brazilian Senate on April 27, 2021. It ended with the voting of the final report on October 26, 2021.
Origin.
Senator Randolfe Rodrigues (REDE-AP), was the creator of the commission, due to the very serious health crisis in the state of Amazonas, highlighting in his text alleged mistakes and omissions of the Federal Government in the health protocols of its responsibility. Rodrigues filed a request for a CPI on February 4, 2021, to investigate the points listed.
Goals.
The objective of the request presented by Randolfe Rodrigues is to discuss the actions of the federal government in confronting the pandemic, in a scenario in which Brazil ranks second in the world in number of deaths from COVID-19. The CPI's main focus is the allegations that the federal government would have been against sanitary measures such as social distancing and mandatory use of face mask. It is also accused of delays in the purchase of vaccines, as well as the disclosure of ineffective treatments and the use of public money to buy drugs without scientific proof of effectiveness. The dismissals of health ministers, such as Luiz Henrique Mandetta and Nelson Teich, will also be the target of clarifications, as well as the cause of the lack of oxygen in Manaus hospitals, among others.
Report from Federal Court of Accounts.
According to the portal UOL, the Bolsonaro government has not set aside money in 2021 for the Ministry of Health and until March, had not passed on resources to states and municipalities to deal with the COVID-19 pandemic. This is what the report of the Federal Court of Accounts (TCU) pointed out, whose documents will be attached to the COVID-19 CPI. According to the court inspectors, there were no appropriations for expenses in fighting the pandemic in the 2021 Budget Law prepared by the Government. In response, the Ministry of Economy said in a statement that: "this report has not yet been considered by the Plenary of the Court and has not resulted in a judgment, because other ministers have requested views". The Ministry of Health did not want to comment.
In another report released earlier, the TCU accused the Bolsonaro government of altering documents to evade responsibility for leading the actions to combat and confront the pandemic, as well as failing to monitor the supply of drugs and intubation kits to hospitals.
Investigation lines.
Herd immunity.
Herd immunity by infection (also called vaccine-free herd immunity in CPI) is an arbitrary thesis to the consensus of the world scientific community and based on the thought that antibodies can be acquired by natural infection and collective immunity achieved without vaccines. It is known that herd immunity from naturally acquired infection has even been considered by authorities in Brazil, the UK, and the US as a strategy to mitigate the COVID-19 pandemic, but infectologists have made it clear that this is not even a hypothesis that can be considered and that vaccination is the only acceptable way for a possible herd immunity.
One line of investigation of the CPI is whether the Federal Government through a supposed "parallel ministry" adopted herd immunity by infection as a strategy in the fight against COVID-19 due to the repeated statements issued by President Jair Bolsonaro and Osmar Terra about herd immunization and defending that the virus, already underway, would not be stopped by isolation, and that the epidemic would only end after 70% of the population was infected. In statements to the CPI, General Eduardo Pazuello confirmed having been contacted superficially by Osmar Terra about the thesis that the health crisis would naturally cease after this percentage of people were infected.
Suspicions of corruption.
In its third phase the CPI focuses on suspicions of corruption involving the federal government and private companies to mitigate the COVID-19 pandemic. Along these lines, the investigations into the purchase of the Indian vaccine Covaxin are considered to have brought the most relevant among all the revelations made by the commission of inquiry. One of the reasons is that the episode directly involves President Jair Bolsonaro to a possible crime of prevarication which is an infraction provided for in article 319 of the Brazilian Penal Code. At this stage, Bolsonaro's supporters have demanded that the CPI be extended to investigate also possible cases of corruption in the Northeast Consortium.
Decision from the Supreme Federal Court.
Writ of Security.
Minister Luís Roberto Barroso of the Supreme Federal Court (STF), in a letter filed by Senators Jorge Kajuru (PODE-GO) and Alessandro Vieira (Cidadania-SE), ordered Senate President Rodrigo Pacheco (DEM-MG) to create the commission because the number of signatures was more than necessary. In the decision, the minister fomented the thesis, arguing that it would be the responsibility of the president of the Board of the Legislative House to define the agenda and priorities, but that such prerogative could not hurt the constitutional right of the third of the parliamentarians in favor of the creation of the CPI.
The president of the Senate accepted the request, but criticized what he called Barroso's decision as "political platform for 2022," stating that the CPI could have a role in anticipating the political-electoral discussion of 2022, which would not be appropriate for the moment the nation is going through. The next day, by 10 votes to 1, the STF ruled that the COVID-19 CPI is constitutional.
Reactions.
In response to the Supreme Court's validation of the CPI, impeachment proceedings against the Court's ministers gained momentum in the Senate. Two senators filed a request for impeachment against Luís Roberto Barroso because of the monocratic decision. There has also been talk of a bill on limiting these single decrees.
A day after Barroso's decision, President Jair Bolsonaro in a conversation with supporters, and in a post on Twitter criticized the minister's monocratic decision on the creation of the CPI. He typed, saying, "Barroso omits himself by not determining the Senate to install impeachment proceedings against a Supreme Minister, even at the request of more than 3 million Brazilians. He lacks moral courage and has inappropriate political militancy". Hours later, the STF released a press release on the suit saying, "The ministers that make up the Court make decisions in accordance with the Constitution and the laws." It also says that, "within the democratic state of law, challenges to them (decisions) must be made in the proper appeals, contributing to the republican spirit prevailing in our country."
Senator Jorge Kajuru disclosed conversations between him and President Jair Bolsonaro to BandNews FM radio between April 11 and 12. In the wiretap, the president asked that the CPI also include investigations against mayors and governors. In it, there were also threats, attacks, and offenses against Senator Randolfe Rodrigues.
Habeas Corpus.
The STF was asked to rule on a request by the Federal Attorney General's Office to allow former minister General Eduardo Pazuello to remain silent during testimony at the CPI and also to ensure that he would be immune from certain measures, such as imprisonment in case of non-compliance. The rapporteur of the case, minister Ricardo Lewandowski, granted the habeas corpus order.
The minister also denied the habeas corpus order, filed by the defense of Mayra Pinheiro, requesting the possibility of remaining silent and safe conduct to eventual arrest. However, after a request for reconsideration, he authorized her to remain silent about the facts that occurred between December 2020 and January 2021.
Argument of Noncompliance with a Fundamental Precept.
Governors from 17 states and the Federal District filed, in the Supreme Federal Court, a plea of breach of fundamental precept (ADPF) with a request for an injunction to suspend the summoning of governors to testify in the Parliamentary Inquiry Commission.
The Rapporteur of the action, minister Rosa Weber, of the Federal Supreme Court, determined that the president of the COVID CPI, senator Omar Aziz (PSD-AM) should present information within five days, and that the Attorney General of the Union and the Attorney General of the Republic should also manifest within five days.
Members.
Female group.
Because no female senators were chosen for the composition of the CPI, neither as full or substitutes members, the Federal Senate women's group made an agreement within the commission so that one of them can ask questions to the CPI's witnesses; however, they will not be able to present requests or vote, a possibility that is restricted only to CPI members. A rotation format was chosen, so that there is alternation among the female senators. The female senators that make up the rotation are:
Summoned and invited.
During the course of the work, they were invited and summoned, to be questioned, as witnesses or investigated: 
Reaction of non-convoked involved parties.
President Jair Bolsonaro.
Quoted several times during the investigation, President Jair Bolsonaro was placed in complicated situations, as when he was quoted by the Miranda brothers (Luis Miranda and Luis Ricardo Miranda) during the investigation, they said that Bolsonaro was already aware of the corruption in the purchase of vaccines from Covaxin. This created a tension that justifies a criminal action against the president for prevarication, understanding that there was corruption but no action was taken.
The president has always been very open about all issues pertaining to his person, especially when talking to supporters in his "enclosure" in Brasilia, but after the denunciation of the Miranda brothers, Bolsonaro did not defend himself on the accusations, he just started to attack the CPI trying to discredit it by accusing members of the investigation of corruption without reliable evidence.
When provoked by the head of the CPI, Renan Calheiros, to present an answer about the accusations and forced by a letter sent by the senators, Bolsonaro had an invasive reaction and said the following: "I don't give a shit for the CPI. What good has it done for Brazil?" Then he added "I ignored you, there will be no answer". Bolsonaro is not legally obliged to respond to the senators, thus being an act that would only show disrespect and immorality.
The president can be summoned to testify at a CPI, but the bureaucratic process for this to occur is extremely complex. After the president's inelegant answers, it is possible that the senators will summon the president to testify. If summoned, Bolsonaro may be able to obtain in court the right to remain silent, but he will have to testify (even if he doesn't say anything) and he will not be able to lie during the investigation.
Armed Forces.
The Armed Forces were also mentioned in some key moments of the investigation and with possible members in a list of future investigated such as Eduardo Pazuello who is an Army General, Élcio Franco who is an Army Reserve Colonel, Marcelo Blanco who is an Army Reserve Colonel, Bento Pires who is also a Colonel. And especially Roberto Dias, who is accused in a corruption scheme in the sale of overpriced vaccines.
After a major repercussion of military personnel involved in corruption schemes, the Armed Forces issued a note with an intimidating tone in which they promise a "tougher response" if the CPI continues to reveal corruption schemes within them. CPI president Omar Aziz, an ex-military man, reacted to the Armed Forces' note stating that he will not allow them to intimidate the work of the commission, saying the following: "It has been many years since Brazil has seen members of the rotten side of the Armed Forces involved in corruption within the government." After that, he added: "The note is very disproportionate. Make a thousand notes against me, but don't intimidate me. If you intimidate me, you intimidate this House here."
History.
Background.
On April 19, 2021, federal deputy Carla Zambelli appealed to the Supreme Court to prevent cases of politicians with evidence of suspicion or impediment from being members of the CPI.
On April 26, 2021, the Casa Civil forwarded to the ministries a list with 23 accusations against the Federal Government. Minister Luiz Eduardo Ramos sent an e-mail to 13 ministries regarding 23 accusations and criticisms about the performance in fighting the COVID-19 pandemic in Brazil. In the list were accusations of early treatment, negligence of the government in buying vaccines, militarization of the Ministry of Health, minimization of the pandemic in Brazil,