Installed almost three months ago, the CPMI (Mixed Parliamentary Commission of Inquiry) of the INSS has encountered the difficulty of hearing direct explanations from witnesses supported by you have a body (HCs), granted by the STF (Supremo Tribunal Federal).
HCs are legal resources requested from the Court. The cases are randomly distributed among the STF ministers and may include different types of requests, such as requests for non-appearance, the right to remain silent, guarantee of support from lawyers and the prohibition of coercive conduct.
More than half of those summoned to the CPMI made use of the resource and were able to refuse to answer part of the parliamentarians’ questions. The commission has already heard 27 people and 14 of them appear equipped with you have a body.
The president of CPMI, senator Carlos Viana (Podemos-MG), has already criticized the granting of HCs by the STF. According to him, these preventive resources deplete the powers of the collegiate.
This is because one of the investigative differences of commissions of inquiry is precisely the possibility of holding public hearings, with different actors in the inquiry.
Viana assesses that the (Federal Police) regarding INSS fraud showed that the you have a body is not a guarantee and that those called up continue to be monitored.
“The person closes himself off, comes with a you have a body here, she says it’s not her fault, but when she leaves here, she starts cleaning up to try not to blame herself. And it is exactly this monitoring that helps us carry out the investigation”, he said after the PF’s action.
PF prisons
Of those heard by CPMI, five have already been arrested by the PF. Antônio Carlos Camilo Antunes Businessman, known as “INSS Bald“, he decided to give a statement even after being detained and having you have a body which exempted him from appearing before the collegiate. Last Thursday (13), a new arrest warrant was presented against him.
The other prisoners were:
- Rubens Oliveira Costa, businessman. He was arrested red-handed in September during testimony at CPMI;
- Alessandro Antônio Stefanutto, former president of the INSS;
- Virgílio Antônio Ribeiro de Oliveira Filho, former INSS attorney general. He was arrested in Curitiba (PR) after turning himself in.
- Thaisa Hoffmann Jonasson, businesswoman and wife of Virgílio Antônio Ribeiro de Oliveira Filho.
Heard as a guest, the former president of the INSS and former minister of Labor and Social Security, José Carlos Oliveirawas not arrested, but was ordered to wear an electronic ankle bracelet.
The arrest warrant for Carlos Roberto Ferreira Lopes, president of the Conafer (National Confederation of Family Farmers and Rural Family Entrepreneurs). He testified and was arrested in the act at CPMI in September, but was released after paying bail.
According to investigations, Conafer would have a monthly bribe payment schedule. Among the beneficiaries would be Alessandro Stefanutto, with monthly transfers of up to R$250,000.
The brother-in-law of the president of Conafer, Vinícius Ramos da Cruz, was one of those arrested by the PF on Thursday (13). He is president of the Land and Work Institute. His testimony was scheduled for November 24th at CPIMI – for the hearing, he had already received you have a body to be able to remain silent.
Project under analysis
At CPMI, parliamentarians evaluate the presentation of a project that expands the powers of inquiry commissions. A draft text has already been prepared. One of the motivations for the proposal was precisely the you have a body granted to witnesses subject to summons, that is, mandatory presence.
According to the text, the commission may present actions or appeals against judicial decisions, including you have a body and writs of mandamus. Furthermore, the proposal determines the payment of a fine for deponents who are absent without justification.
Pending testimonials
Others called up had you have a body granted, partially or totally, and did not appear at the CPMI. This is the case of Maurício Camisotti, a businessman identified as one of the main fraud operators and one of the final beneficiaries.
Arrested on September 12, Camisotti also received a favorable decision you have a body so you don’t have to attend CPMI. The appeal was granted by the minister André Mendonçafrom the STF, who is the rapporteur at the Court of the action on INSS fraud.
Cecília Montalvão Simões, Camisotti’s wife and partner, also had an HC granted by Minister Flávio Dino, of the STF, and did not need to appear at the commission. She alleged a lack of resources, as her assets were blocked, to travel to Brasília to testify.
The CPMI leadership still insists on listening to Camisotti and has even suggested that the commission’s parliamentarians could go to the PF headquarters to take the businessman’s testimony.
Camisotti’s defense denies that the businessman was involved in the embezzlement. He also denies that he is negotiating a possible “plea bargain with any authority”.
