THE Senate Advocacy appealed this Thursday (June 17, 2021) against the provisional decision of Minister Kássio Nunes Marques which suspended the breach of telephone and message confidentiality of the former executive secretary of the Ministry of Health, Elcio Franco. The procedure had been authorized by Covid’s CPI in the Senate, but was barred by the magistrate.
The appeal asks Nunes Marques to review his understanding and release the breach of confidentiality. According to the Senate, the measure was based on the fact that Elcio Franco had occupied a post in the first echelon of the Ministry of Health and had advocated the defense of the so-called “early treatment” against covid.
“A high-ranking official of the Ministry of Health, who has the duty of office to ensure the best practices in health in order to protect the population, when he speaks for or against a certain conduct, exerts a superlatively greater influence than the common person”, say Senate lawyers. “The exercise of such a public function imposes on those who exercise it a high degree of responsibility, and they cannot preach behaviors that are potentially harmful to the health of the people, as using the authority of the position to validate their argument.” says the resource.
The Senate claims that Elcio Franco’s breach of telephone and telematic secrecy may also contribute to the investigation of facts related to former Health Minister Eduardo Pazuello. “There is a clear and unequivocal need for the measure“say the lawyers.
There is no deadline for Nunes Marques to evaluate the appeal. On Monday (June 14), when suspending the breach of confidentiality against Elcio Franco, the minister said that the CPI did not indicate what crime had been committed by the former executive secretary, which would impede the process.
“The application does not indicate at any time any criminal or civil tort that has been committed by the author. This is reason enough to demonstrate that the breach of confidentiality lacks reasoning, as it is necessary to indicate where the apparent illegality (and not just inconvenience) of the investigated conduct resides, so that confidentiality can be broken”, stated Nunes Marques.
Elcio Franco was summoned twice to testify at Covid’s CPI in the Senate. On the first occasion, on May 27, he did not appear because he was with covid-19. Last June 9th was heard. He told the senators that drugmaker Pfizer was “very redundant” in the emails he sent to the folder to deal with the sale of vaccines.
“Sometimes Pfizer issued an email with the same content 5 times, 4 times in the same day. She was too redundant. Other emails were just responses to demands that the ministry had made”, he declared.
The former secretary also said that a virus in the ministry’s computer network prevented the analysis of the first proposals for the sale of vaccines made by the pharmaceutical company.
Today, Élcio is a special advisor to the Civil House of the Presidency of the Republic and a colonel in the Army reserve.
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source https://pledgetimes.com/senate-appeals-decision-suspending-pazuellos-no-2-breach-of-confidentiality/
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