After the Manaus’ oxygen crisis and one of the worst moments of the pandemic in March, the Supreme Court (STF) ordered the creation of a parliamentary inquiry commission (CPI) in the Senate. The commission’s objective is to investigate the government actions to fight the pandemic, but also the use of federal funds by governors. Opposition senators tend to focus on the first topic, while senators that support the government support the second. The results of these commissions are hard to foresee. They can have political and legal impacts, even triggering police arrests and impeachments.
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THE ORIGINS OF THE CPI
For a long time, the government’s management of the pandemic has been criticized by the opposition. Some of the main criticisms target the recommendation of medicines without proven efficacy and the lack of coordination with mayors and governors. However, it was after the Manaus’ oxygen crisis that the request for the CPI appeared.
The crisis in Manaus led the Federal Police to start an inquiry to investigate if the then Health Minister Eduardo Pazuello had any responsibility. Motivated by this event, on February 4th, Senator Randolfe Rodrigues filed the request to create the CPI. To avoid the commission, Pazuello explained his actions as minister before the Senate.
In March, the health crisis entered its worst moment, creating more pressure in favor of the commission. Then, senators filed in a request for the creation of the CPI before the Supreme Court (STF), and the request was approved by Minister Roberto Barroso on April 8th. On April 13th, Senate President Rodrigo Pacheco read the CPI’s act of creation, making it official.
THE COMMISSION: PURPOSE AND MEMBERS
The works of the CPI officially started on April 27th. The commission has 11 members, including a president, a vice-president and a rapporteur. The political alignment of the members is seen as a quite important factor and the government did not manage to obtain a majority among the senators chosen.
Most members declare themselves independent, 2 are part of the opposition and 3 have close ties with it. Only 2 openly support the government and other 2 are close to it. Senators Omar Aziz and Randolfe Rodrigues were chosen as president and vice-president, respectively. Aziz declares himself independent, but he has already criticized the government for its management of the pandemic. Rodrigues is the leader of theop-position and creator of the CPI. Renan Calheiros was nominated rapporteur by Aziz, despite the government’s efforts to avoid it, considering that he is seen as a critic and now the main concern.
DIFFERENT STRATEGIES
During the investigation, independent and opposition senators should implement a strategy different from that adopted by the government’s allies.
Independent and opposition senators would focus on the Federal Government’s actions, specially two specific items. The 1st is relating to the government’s delay in acquiring vaccines, which includes a series of refusals to vaccine offers. The 2nd is to evidence that the government deliberately acted against cities and states by supporting activities contrary to the disease prevention behaviors recommended by the World Health Organization. The complete script contains 23 counts, among them the shortages of oxygen, intubation kits and tests; the acquisition of chloroquine and even the ineffectiveness of Pronampe (credit program to help the economic sector).
The senators that support the government will likely focus on investigating the way the federal funds sent to the states to face the health crisis were spent. Senator Eduardo Girão who has already declared that he wants to search for embezzlement funds, even is planning summoning governors and secretaries for testifying.
UNPREDICTABLE OUTCOMES
The CPI process is a very powerful mechanism that has already led to the removal of presidents. In 1992, for instance, a commission that investigated the treasurer of the electoral campaign of ex-President Fernando Collor de Mello led to his impeachment. However, the outcomes can also be less critical and they often end in a big political agreement, or worst not be completed. Out of 203 commissions created since the promulgation of the current Constitution (1988), most (137) were never finished.
In the current scenario, analysts see two possible sets of outcomes. The 1st involves legal consequences, such as lawsuits and arrests. This would be a task for another phase, at the hands of the Public Ministry, which, after receiving the content of the investigation, may promote civil or criminal liability of offenders.
The 2nd set relates to political consequences which may affect the image of the federal and states governments and in particular of the President Jair Bolsonaro. In this respect it is recalled that there will have elections at the end of 2022 to renew the Governors and the President.
