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Justices assure constitutional prerogatives to individuals convened for Brumadinho Parliamentary Inquiry Committee (CPI)

Justice Edson Fachin and Justice Rosa Weber of the Brazilian Federal Supreme Court (STF) granted preliminary injunctions in habeas corpus (HCs 169821 and 169942), respectively, to the engineer Arsenio Negro Júnior, from Tüv Süd company, and the geologist Cesar Augusto Paulino Grandchamp , from Vale SA, to guarantee them the right to silence and legal assistance in the testimony scheduled for Thursday (11) in the Parliamentary Commission of Inquiry (CPI), established in the Federal Senate to investigate the causes of the rupture of the dam Mina Córrego do Feijão, in Brumadinho (MG).

Both were summoned as witnesses, but maintain that the facts to be treated in the testimonies are identical to those investigated by the Civil Police of Minas Gerais and by the Federal Police. Grandchamp was temporarily arrested twice, and the Public Prosecutor's Office of Minas Gerais required the pre-trial detention of Negro Júnior. Therefore, they state in the HCs the incompatibility of their situation of investigated with the condition of witnesses.

The decisions of Justice Fachin and Justice Rosa Weber follow the STF's jurisprudence that the CPI's investigative powers find limits on fundamental rights and guarantees, including the right to silence, the guarantee against self-incrimination and the right to be assisted by lawyer. "As we know, there are no 'immune zones' to the constitutional and legal guarantees of the investigated, whatever the agency in charge of the investigation," said Justice Rosa Weber. With the injunctions, the summoned technicians will still have the right not to be submitted to the commitment to tell the truth and not suffer physical or moral embarrassment arising from the exercise of other rights.


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