Feb 26 • 16:46 UTC 🇧🇷 Brazil G1 (PT)

André Mendonça allows Toffoli's brothers not to attend the Organized Crime CPI

Supreme Court Minister André Mendonça has authorized the brothers of fellow minister Dias Toffoli to skip their appearance at the Senate's Organized Crime CPI, asserting their constitutional right against self-incrimination.

Supreme Court Minister André Mendonça has granted permission for José Eugênio Dias Toffoli and José Carlos Dias Toffoli, the brothers of Minister Dias Toffoli, to avoid attending the Senate's Commission of Inquiry (CPI) into Organized Crime. This decision, made on Thursday, comes after a request from their legal counsel, who argued that the summons was issued in relation to their status as investigated parties, meaning their attendance was optional. Mendonça's ruling aligns with his previous stances that individuals under investigation are not obligated to appear before such legislative inquiries.

Mendonça highlighted the constitutional protections available to the Toffoli brothers, emphasizing that they hold the right to refrain from self-incrimination. If the brothers choose to attend the CPI, they can exercise their right to remain silent, avoid the obligation to testify truthfully, and cannot face any form of physical or moral coercion during the proceedings. This ruling underscores the delicate balance between legislative oversight and individual rights within the context of Brazil's legal framework.

The summons for the Toffoli brothers and the decision to break confidentiality were both approved by the CPI just a day prior on Wednesday, highlighting the ongoing investigative efforts geared towards combating organized crime in Brazil. These actions reflect a broader concern about transparency and accountability within public institutions, as the CPI aims to explore the intricate ties between organized crime and elements within the political system. The decision by Mendonça serves to reinforce the legal protections afforded to individuals involved in high-profile investigations, further adding complexity to the ongoing discourse around the effectiveness and limitations of CPIs in Brazil.

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