The president of the INSS CPMI, senator Carlos Viana (Podemos-MG), announced that he intends to invite the minister of the Federal Supreme Court (STF) Flávio Dino to appear at the National Congress and explain to , son of president Luiz Inácio Lula da Silva (PT).
The initiative was announced by the parliamentarian this Friday (6), in a publication on social media. According to Viana, the invitation will be formally presented to the board so that Dino can provide “institutional clarifications” on the basis of the court decision.
As it is an invitation, the minister is not obliged to attend. Still, the senator states that the measure seeks to open dialogue between the Powers given the impact of the STF’s decision on the commission’s work.
“The initiative has an institutional character and seeks to promote dialogue between the Powers of the Republic, given the direct impacts that this decision had on the work of the parliamentary investigation”, stated the president of CPMI.
The controversy began after Minister Flávio Dino’s decision, handed down on Thursday night (5), which suspended the validity of the breach of banking and tax secrecy approved by the CPMI of the INSS.
The measure met several requirements approved on February 26, including the one that determined the breach of Lulinha’s financial data.
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In the decision, Dino stated that the procedure adopted by the commission did not respect the criteria required when it comes to restrictions on individual rights. According to the minister, CPIs and CPMIs have the power to determine breaches of confidentiality, but they need to present specific reasons for each person being investigated.
When exercising this type of prerogative, Dino stated, the collegiate acts in a similar way to a judicial body and must follow parameters equivalent to those applied by magistrates.
The minister also criticized the voting method used in the session, when several requests were approved en bloc, without individual analysis.
According to Dino, decisions of this nature cannot be made based on generic procedures or informal assessments. He also warned that failures in the procedure could compromise the legal validity of the investigations.
“No one wants a parliamentary investigation of such importance to become just internet videos, useful in political and electoral campaigns, but devoid of validity from a legal perspective”, wrote the minister in the decision.
Reaction in Congress
The decision provoked an immediate reaction among members of the commission. Carlos Viana stated that he received the injunction with “republican indignation” and argued that the procedure adopted by CPMI follows common practices in Congress.
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According to the senator, block votes have already been used in other parliamentary investigations, such as the CPI on the Pandemic and the CPMI of the acts of January 8, to speed up the processing of requests.
Viana also argues that the method would have been recognized by the presidency of the National Congress, currently held by senator Davi Alcolumbre (União Brasil-AP).
For the parliamentarian, the suspension of breaches of confidentiality occurred precisely at the moment when the investigation into irregular discounts on benefits for INSS retirees and pensioners was progressing.
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Investigation continues on other fronts
Flávio Dino’s decision does not prevent other investigations involving the case.
In February this year, Minister André Mendonça, also from the STF, authorized the breach of Fábio Luís Lula da Silva’s confidentiality at the request of the Federal Police.
In this case, the measure remains valid as it was determined within the scope of a police investigation, with specific reasons presented by the investigators.
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