Lawyer is appointed as a possible hidden partner of FIB Bank and can still remain silent during the hearing
The Federal Court of Brasília authorized the coercive conduct of lawyer and businessman Marcos Tolentino to CPI to Covid-19 if he does not appear at the deposition this Tuesday, 14. He is appointed as a possible hidden partner of the FIB Bank, which offered an irregular guarantee in the closing of the contract of the Need Medicines with the Ministry of Health to purchase the vaccine Covaxin. Judge Francisco Codevila, of the 15th Court, ruled that, as much as Tolentino has the right to remain silent in the deposition – by habeas corpus granted by Minister Carmen Lúcia – he is obliged to attend the hearing. “Although the right to remain silent is assured, meeting the summons to testify before the CPI does not constitute mere liberality, but an obligation imposed on every citizen, pursuant to art. 206 of the Code of Criminal Procedure, which stipulates that the witness may not be exempt from the obligation to testify”, says the decision. The judge ruled that coercive conduct is authorized if Tolentino fails to give evidence without justification. “In the event of absence with justification, it will be up to the CPI to assess the reasonableness of the reasons presented by the subpoena, before deciding on the convenience of the coercive conduct already authorized by this court”, he said. The Court rejected, however, other requests made by the CPI of Covid-19, such as the seizure of Tolentino’s passport for 30 days.