RIGHTS IN THE PANDEMIC - Conectas Direitos Humanos
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Bulletin No. 10
RIGHTS IN
THE PANDEMIC
MAPPING THE IMPACT OF
COVID-19
ON HUMAN RIGHTS
SÃO PAULO • 20/01/2021
OFFPRINT
Cite:
Ventura, D.; Reis, R. An unprecedented attack
on human rights in Brazil: the timeline of the
federal government’s strategy to spread Covid-19.
Offprint. Translation by Luis Misiara, revision by
Jameson Martins. Bulletin Rights in the Pandemic
n. 10, São Paulo, Brazil, CEPEDISA/USP and
Conectas Human Rights, January 2021.
Credits:
The Bulletin entitled RIGHTS IN THE PANDEMIC -
Mapping the impact of Covid-19 on human rights
is a scientific publication of Conectas Human
Rights and the Center for Studies and Research
on Health Law (CEPEDISA) of the University of
São Paulo (USP) that will be released every
two weeks for a limited time.
Editors:
Camila Lissa Asano, Deisy de Freitas Lima Ventura,
Fernando Mussa Abujamra Aith, Rossana Rocha
Reis and Tatiane Bomfim Ribeiro
Researchers:
André Bastos Ferreira, Alexia Viana da Rosa,
Alexsander Silva Farias, Giovanna Dutra Silva
Valentim and Lucas Bertola HerzogAN UNPRECEDENTED ATTACK
ON HUMAN RIGHTS IN BRAZIL:
the timeline of the federal government’s strategy to spread Covid-19
In February 2020, the Ministry of Health
presented the Contingency Plan for the
response to Covid-19 . Unlike other countries ,
1 2
1. federal normative acts, including the
enacting of rules by federal authorities and
bodies and presidential vetoes;
the document did not contain any reference to
ethics, human rights or fundamental freedoms, 2. acts of obstruction to state and municipal
not even to those related to the emergency government efforts to respond to the
routine, such as the management of scarce pandemic; and
supplies or the doctor-patient relationship,
ignoring both Brazilian law (Law no. 13.979, 3. propaganda against public health, herein
enacted on 02/06/20) and the International defined as the political discourse that
Health Regulations, which is in force in Brazil, employs economic, ideological, and
both of which expressly determine that the moral arguments, in addition to fake
response to emergencies must fully respect news and technical information without
people’s dignity, human rights and scientific verification, with the purpose of
fundamental freedoms. discrediting health authorities, weakening
popular adherence to science-based
Throughout 2020, we collected federal recommendations, and to promote
and state regulations on Covid-19 in order political activism against the public health
to study them and assess their impact on measures required to contain the spread of
human rights, attempting to contribute to the Covid-19.
prevention or mitigation of negative effects.
At a federal level, in addition to the absence We must note that this is a non-exhaustive list.
of a focus on rights, which has already been The events were selected from a collection from
confirmed, our research has revealed the previous bulletins and from the database of the
existence of an institutional strategy that Direitos na Pandemia project; the case law of the
attempts to spread the virus, promoted by the Federal Supreme Court and the Federal Court
Brazilian government and spearheaded by the of Accounts, in addition to official documents
Presidency of the Republic. and speeches. Specifically with regard to the
propaganda component, research was also
In the timeline we present below, three axes are carried out with descriptors on the Google
exposed in chronological order: platform to collect videos, posts, and news.
2An unprecedented attack on human rights in Brazil:
the timeline of the federal government’s strategy to spread Covid-19
We hope this timeline will offer an overview of a process
that we've been experiencing in a fragmented and often
This is a non-exhaustive
confusing fashion. The results dispel the persistent
survey that, by offering
interpretation that the federal government is incompetent an overview of
and negligent in terms of its management of the pandemic. a process that we've
On the contrary, the systematization of data, even if been experiencing in
incomplete due to the lack of space for so many events, a fragmented and often
confusing fashion,
reveals the commitment and efficiency of the Federal
dispels the persistent
Government's work in favor of the extensive spread of the
interpretation that
virus in Brazilian territory, with the stated goal of resuming the federal government
economic activity as quickly as possible and at any cost. is incompetent and
negligent in terms
As a result of the strategy that, according to the Federal of its management
of the pandemic.
Court of Accounts, represents the “political choice made
by the heads of Government of prioritizing economic
protection”, Brazil surpassed the figure of 200 thousand
deaths in January 2021, many of which would've been OUR RESEARCH
preventable had there been a strategy to contain the REVEALS THE
disease. This constitutes an unprecedented violation of the EXISTENCE OF
right to life and the right to health for Brazilians without AN INSTITUTIONAL
accountability for those in charge, even though institutions
STRATEGY PROMOTED
such as the Federal Supreme Court and the Federal Court
BY THE FEDERAL
of Accounts have pointed out, on numerous occasions, the
lack of compliance with Brazilian legal order in the willful
GOVERNMENT,
and conscious actions and omissions of federal officers. SPEARHEADED
BY THE PRESIDENCY
Reiterating what has already been covered in previous OF THE REPUBLIC,
editions of this bulletin, we must highlight the urgency of THAT INTENTIONALLY
having an in-depth discussion regarding crimes against
SEEKS TO ENSURE
public health, crimes of responsibility and crimes against
THE SPREAD
humanity during the Covid-19 pandemic in Brazil.
OF THE VIRUS.
(Deisy Ventura and Rossana Reis, 01/15/2021)
[1] Ministry of Health, National Contingency Plan for Human Infection by the novel Coronavirus COVID-19, Ministry of Health, http://
biblioteca.cofen.gov.br/wp-content/uploads/2020/04/Livreto-Plano-de-Contingencia-5-Corona2020-210x297-16mar.pdf [2] For
instance, Canada, Public health ethics framework: A guide for use in response to the COVID-19 pandemic in Canada https://www.canada.
ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/canadas-reponse/ethics-framework-guide-use-response-
covid-19-pandemic.html
3THE TIMELINE OF THE FEDERAL GOVERNMENT’S STRATEGY TO SPREAD COVID-19
MARCH Epidemiological week 10, 1º-7/3 NORMATIVE ACTS RESPONSE OBSTRUCTION ACTS PROPAGANDA
Accumulated cases - 19
Accumulated deaths - 0
Throughout the month, the Federal Government
requests pulmonary ventilators in several federal
units, creating intense judicialization. Among other
cases, this included the attempt to seize more than Interministerial Ordinance No.
200 pulmonary ventilators purchased by the city of 120 restricts only Venezuelans
Recife (PE), with the Federal Regional Court of the from entering the country
by road or by land. Only on Enactment of Provisional
5th Region (TRF-5) determining that the Federal
04/29 did the government Decree (MP) No. 926
Government should refrain from requesting
restrict the entry of foreigners amending Law 13,979 in order
inputs2. At the request of the State of Mato Grosso,
of any nationality by land to, among other measures,
the Supreme Federal Court (STF) established on
through Interministerial grant the President of the
05/04 that respirators acquired by the States
Ordinance No. 204. Republic with the jurisdiction
during the pandemic are public goods, which
to decide on public services
cannot be the object of administrative requests,
FUNAI (National Foundation and essential activities through
except in the case of a state of defense or a siege3.
for the Indigenous) Ordinance Decrees, in an attempt to
No. 419 allows regional redistribute health police
offices to grant exceptional powers in favor of the Federal
authorizations for essential Government. On 03/24, the
Ministry of Health presents the National activities to be carried Federal Supreme Court (STF)
Contingency Plan for Human Infection by the out in isolated indigenous grants an injunction9 ensuring
novel Coronavirus (COVID-19) among Indigenous communities. Modified by that the MP may not dismiss
Peoples that does not provide concrete measures, Ordinance No. 435, issued concurrent jurisdiction or the
a schedule or a definition of responsibilities, aside on 03/20, after the Federal enacting of normative and
from not taking the participation of indigenous administrative actions by the Collegiate Board Resolution Decree no. 10,292 includes
Prosecution Office (MPF)
communities into account. In an injunction filed on states, the Federal District and - RDC No. 354, of March religious activities of any kind
pointed out that contact
07/085, the Supreme Federal Court (STF) determines Municipalities10. On 08/11, 23, 2020, decided that and lottery offices among
actions without the legal and
the adoption of measures such as the creation of the MP is converted into patients receiving drugs essential activities during the
technical capacity to make
a situation room, sanitary barriers, a plan to fight Law No. 14.035, of 2020, based on chloroquine and pandemic. A first instance court
decisions regarding isolated
Covid-19, containment of invaders and accessibility which explicitly grants to hydroxychloroquine through decision suspended its effects
peoples can aggravate
to their own health treatment or special health for federative authorities government programs for a few days, but was revised
the Covid-19 exposure of
indigenous villagers and non-villagers, the latter in (States and Municipalities) would not require a special by the Federal Regional Court
communities that already
case there are no vacancies in the Unified Health the power to publish decrees medical prescription. of the 2nd Region on 3/3113.
present little or no immune
System (SUS, Sistema Único de Saúde)6. response to the virus8. regarding public services and
essential activities.
03/07 03/15 03/16 03/17 03/20 03/22 03/23 03/24 03/25 03/26 03/29
The President of the “The wrong part in all of it “Brazilians should be studied, they don't catch
Republic travels to Florida is the hysteria, it’s acting "Soon, the people will know anything. They can jump into sewers, just go and
(United States), considered like this is the end of the that they were deceived by dive into them, and nothing happens to them.”
a highly risky region. On the world. A nation like Brazil the state governors and by The President said this to supporters in front of
10th, at an event in Miami, will only get rid of it when a large part of the media the Presidential Palace (Palácio da Alvorada)14.
he states: “We obviously have a certain number of people on this coronavirus issue",
a crisis right now, a small become infected and create says the President in an The Federal Government Communication
crisis. In my opinion, the antibodies”, states the interview with TV Record11. Office launches a campaign named “Brasil não
coronavirus issue is mostly a President in an interview pode parar” (“Brazil cannot stop”), conveying
fantasy, it is not all that the with Radio Tupi7. the information that “all over the world, cases
mainstream media is claiming
of fatal victims of the coronavirus among young
throughout the world"1. Back in Brazil, the President people and adults are rare”, and suggesting that
calls for rallies and takes part people disobey quarantine measures: “For self-
Official statement of the
in political demonstrations employed workers, Brazil cannot stop. For street
President of the Republic on
with major public vendors, engineers, market salesmen, architects,
national television: “Recent events
gatherings, never wearing bricklayers, lawyers, private teachers and service
throughout the world have shown
a mask, having physical providers in general, Brazil cannot stop”15.
that the population at risk [for
contact with the protesters, This material was deleted after intense judicial
Covid-19] is that of people aged
disrespecting quarantine litigation that reached the Supreme Court16.
60 and over. So, why should we
orders upon his return.
close schools?”. He also stated:
At least 23 people in his
“In my specific case, due to
entourage were infected4.
my background as an athlete,
were I to be infected by the
virus, I wouldn't have to worry, “The virus is there. We're going to
I wouldn't feel anything or, at have to face it, but face it like a man,
most, I would feel like I caught a damn it. Not like a kid. Let's face the
little flu or a little cold”12. virus with reality. That’s life. We all
die one day.”... the President said
during a walk in Brasilia17.
4 5THE TIMELINE OF THE FEDERAL GOVERNMENT’S STRATEGY TO SPREAD COVID-19
APRIL Epidemiological week 15, 5-10/4 NORMATIVE ACTS RESPONSE OBSTRUCTION ACTS PROPAGANDA
Accumulated cases - 20.818
Accumulated deaths - 699
The President fires the Minister of Health,
The Federal Council of the Brazilian Bar Luiz Henrique Mandetta.
Association (OAB)19 makes a request for the STF The main reason for the dismissal is the
so it may grant an injunction determining that dissent over the pandemic response strategy,
the President should comply with the WHO particularly in relation to the early use of
protocol: on the adoption of social isolation chloroquine. According to Mandetta, at the
measures; the compliance to the determinations Law No. 13,982 institutes emergency aid in the At a ministerial meeting, the contents of which
end of March, the President started to seek
of state governors and mayors related to amount of BRL 600.00 for citizens over the age were released on 05/22 upon request of the
advice to oppose the Ministry of Health’s
“economic activities and public gathering of 18 who are not formally employed, but work Supreme Court28, the President and several
data and strategy: “Bolsonaro fanatics started
rules”; non-interference in the technical work informally, individual microentrepreneurs (MEI) ministers express anti-democratic positions,
attending the Planalto Palace. (...) He wanted
of the Ministry of Health, under the parameters or Social Security taxpayers, with monthly family the absence of a pandemic response plan and
to be surrounded by people who would tell
of WHO recommendations; the immediate income below half a minimum wage per capita or exclusively electoral concerns. In a rare reference
him what he wanted to hear. (...) He never
implementation of emergency benefits for three minimum wages in total, who are also not a to the disease, the President asks the government
had any qualms with proposing chloroquine
unemployed, self-employed and informal beneficiary of other social programs or receivers to misrepresent information: “So let’s notify
as a drug. His concern was always ‘we are
workers, and the immediate inclusion in the of unemployment insurance. The original initiative the relevant parties, the ministry in question,
going to prescribe this drug because, with
Bolsa-Família program of families that are on the of the Ministry of Economy determined that only [you can] write down [that the individual died
that little box of chloroquine pills in hand,
waiting list. On 04/08, the Supreme Court grants BRL 200.00 would be granted; the government from] Covid-19, but you should also include [the
workers are going to start working again,
an injunction that recognizes and ensures the did not manage to forward a proposal to information that] they had fibrosis, a bunch of
they will become productive again’. (...) his
exercise of competing jurisdictions by States, the Congress, which ended up adapting a draft bill stuff, I don’t understand these things. There was
project to fight the pandemic is to say that
Federal District and Municipalities, each in the that has been in the process of being passed a bunch of diseases there, precisely in order to
the government has the drug and those
exercise of their attributions and within the scope since 201721. The implementation of the relief is avoid scaring the population. Because when we
who take the drug will be fine. Whoever dies
of their respective territories, for the adoption slow, with piling failures and delays, in addition look at it, we notice an Army sergeant died, for
would’ve died anyway”26.
or maintenance of legally permitted restrictive to generating long lines and people gatherings instance. You would think he was in good health,
measures during the pandemic, regardless of the at bank offices22. In December, a failure in the right? A federal policeman, right? Whatever it is...
occurrence of an opposing federal act, without beneficiary selection mechanism caused an error And that cannot happen. So we are asking for
bias towards the general jurisdiction of the – data from the Federal Comptroller General this attention towards our colleagues, alright?
Federal Government of establishing restrictive (CGU) and the Federal Court of Accounts (TCU) Whoever needs to hear this, the ministry in
measures throughout the national territory, if indicated the undue receipt of the relief by about question, which has someone in charge of this,
deemed necessary . However, the request that the 1.2 million Brazilians23. right? Take the proper measures in order to avoid
Judiciary branch should replace the discretionary making the population scared”29.
judgment of the Executive branch and determine
that the President should carry out specific
administrative measures, even though his acts and
omissions are subject to jurisdictional control,
especially regarding the respect and ensuring of
fundamental rights, is considered untenable.
04/01 04/02 04/08 04/10 04/12 04/16 04/20 04/22 04/28
“I am not a
The President posts a In an interview, the
President posts on twitter: gravedigger”, he
video on social media President comments
“I have been talking about replies to journalists
stating that there was on the fact that the
the use of hydroxychloroquine at Palácio do
a shortage of food and death toll in Brazil
in the treatment of covid-19 Alvorada when
other essential products at has exceeded that of
for 40 days. The use of asked about the
the supply center (CEASA) China “So what? Sorry
chloroquine is increasingly deaths caused by
in the city of Contagem, about that, what do
found to be effective”24. the pandemic27.
due to restrictions you want me to do?
imposed by the Minas "It seems that this virus issue My last name may be
Gerais state government. is starting to fade away", he Messias [Messiah], but
He later claims that the states in a videoconference I work no miracles”31.
information was false18. with religious leaders
celebrating Easter
“Nobody will prevent me
The Minister of Foreign Affairs publishes
from coming and going
an article entitled “The communavirus has
as I please”, says the
arrived” on his blog, attacking the WHO
President in a pharmacy
and equating public health measures with
during a walk that leads to
"Are you scared of catching the virus? I’m communism: “Now, the politically correct is
agglomeration in Brasília25.
just kidding. This virus is something 60% incorporating the sanitarily correct, many times
of the people will get, or 70%. (...) I don't more powerful. The sanitarily correct grabs you,
know of any hospital that is full", says cuffs you, and threatens you: ‘If you say this or
the President in a conversation with that, you will put all of society at risk; if you say
supporters who were waiting for him in the word ‘freedom’, you are a subversive that
front of the Palácio do Planalto20. can lead your entire population to death – so
respect the rules.’ Controlling language to kill
the spirit is the essence of current communism,
this communism that has suddenly found a
treasure of oppression in the coronavirus”30.
6 7THE TIMELINE OF THE FEDERAL GOVERNMENT’S STRATEGY TO SPREAD COVID-19
MAY Epidemiological week 19, 3-9/5 NORMATIVE ACTS RESPONSE OBSTRUCTION ACTS PROPAGANDA
Accumulated cases - 155.939
Accumulated deaths - 3.877
The President issues Provisional Decree
(MP) No. 966, exempting public officials
from civil and administrative liability in
cases of acts and omissions relevant to
the pandemic; with this decree, only The National Health Council (CNS)
Decree no. 10,342 includes civil servants who act or omit themselves publishes a manifesto entitled
construction among essential “with intent or gross error” can be held “Repassa Já!”, demanding that
activities during the pandemic. accountable. On 5/21, the Supreme the Ministry of Health makes
Court35 decided that the actions of public an immediate transfer of funds
officials in relation to the Covid-19 destined to tackle the pandemic
pandemic must comply with technical to States and Municipalities,
and scientific criteria of medical and demonstrating that the Ministry
Ministry of Health protocol recommends the use
health entities; these actions should also of Health had BRL 8.489 billion
of chloroquine in all cases of Covid-19, including
observe the principle of self-containment Minister of Health that had not yet been committed,
patients presenting mild symptoms, and patients
in case of doubt regarding the Nelson Teich resigns: from Provisional Decrees (MP)
are required to sign a Term of Awareness and
Decree effectiveness or benefit of the measures ""I will not sully my pertaining to extraordinary credit
Consent in which they take responsibility for the
Accompanied by ministers, no. 10.344 to be implemented36. Congress does not reputation because of for pandemic response expenses,
treatment44. On the same day, in an official note,
businessmen and one of his includes beauty approve the decree and its effective term chloroquine"41. Interim of which BRL 1.871 billion were
the National Council of Health Secretaries indicates
sons, the President walked to the salons and ends on September 10, 202037. executive secretary meant to be transferred to the
that the document had no technical participation
Supreme Court for a “surprise barber shops, Eduardo Pazuello, States, BRL 707 million to the
and was not agreed upon by the federal entities
visit” to the President of the Court, all kinds of a military man with municipalities and BRL 5.911 billion
(states), that it was not based on scientific
who was then Dias Toffoli, in sports gyms, no health training or to be spent by the Ministry of
Through Message No. 268, the evidence, and presented the following questions:
order to exert pressure against and industrial experience, takes on Health itself. Such direct expenses
President vetoes provisions of Law “Why are we discussing Chloroquine and not the
quarantine measures. He stated activities the job. On 10/07, he (acquisition of inputs, respirators,
No. 13,998 that extended the scope logistics of social distancing? Why are we debating
that “the side effects of fighting (non-specified) declared in an official ICU beds) had been extremely
of emergency relief to artisanal Chloroquine instead of thinking of an integrated plan
the virus cannot be more harmful among essential ceremony that, before slow, and 70% of these funds were
fishermen, taxi drivers, ride sharing to expand the Ministry of Health’s capacity to respond
than the disease itself”, and that activities during taking office, he “didn't allegedly still available43.
app drivers, school transportation and aid states that face emergency scenarios?”45.
“the economy is life too. There the pandemic. even know what SUS
drivers, app-based delivery people,
is no point in staying home if we [the Unified Health
self-employed physical education
no longer have anything to buy System] was”42
professionals, street vendors,
on the shelves when we leave
grocery sellers, waiters, babysitters,
our houses, if the wheel of the
manicurists, hairdressers and hired
economy has stopped turning.
teachers who are unpaid, among
We will all be crushed by that”33.
other changes that would bring
greater social protection.
05/01 05/07 05/09 05/11 05/13 05/14 05/15 05/19 05/20 05/22 05/26
The President declares war on state
governors in a videoconference
promoted by the Industrial
Federation of the State of São
Paulo (FIESP) with almost 500 "I’m sorry for the deaths, but
businessmen, asking the private that’s reality. We are all going to
sector to fight against lockdown die here. There will be nobody
measures: “If that's the case, this left here. (...) And whoever dies
means war. I will go to São Paulo if in the middle of the field will
you want me to, you have to fight the be eaten by vultures. (...) Why
state governor”. Bolsonaro also asked should we bring terror to the
businessmen to advertise in media people? Everybody is going to die.
“This is a neurosis. outlets that support him – repeating Those who are old and weak will
70% of the population a request he had already made on have a hard time if they contract
will catch the virus. other occasions”38. "With all due the virus. Those who have prior
There is nothing I can respect, you must put the governor diseases and comorbidities will
do. It's madness”, says to task and play hard. Play hard, also have a hard time. These
the President while because this is serious, this is war"39. people should be isolated by
riding a jet ski on He further states: “I am making their families, the State cannot In an interview, the
Lake Paranoá34. requests regarding the chloroquine watch over everyone”, claims the
In a live transmission President states: "We
issue as well now. If the Federal President in a speech at the exit can't go on like this. We
on Labor Day, the
Council of Medicine has decided that of the Palácio do Planalto47. know that we should be
President stated: “I
chloroquine can be used after the concerned with the virus,
would like everyone to
first symptoms appear, why should especially for the elderly,
go back to work, but I
the federal government say, via the In an interview with Blog do for those who have
don’t make that call, it is
Minister of Health, that it should only Mano, the President states diseases, for those who
up to the state governors
be administered in serious cases? I am “Those that are right-wing are weak, but (without)
and mayors”32.
the commander, the President, I can will take chloroquine, those this talk of closing the
decide and reach out to any minister that are left-wing will drink economy. The economy
and talk about what is happening. Tubaína”46 [Tubaína is a has been shut down for
And this is the rule, this is the traditional Brazilian soda]. 70 days now. How long
orientation” in a videoconference will this last?"48.
with entrepreneurs promoted
by Fiesp40.
8 9THE TIMELINE OF THE FEDERAL GOVERNMENT’S STRATEGY TO SPREAD COVID-19
JUNE Epidemiological week 24, 7-13/6 NORMATIVE ACTS RESPONSE OBSTRUCTION ACTS PROPAGANDA
Accumulated cases - 850.514
Accumulated deaths - 42.720
Data on Covid-19 A website of the Ministry TCU notifies the Office of the
are released late of Health with data on Presidential Staff (Casa Civil) about
at night, after 10 Covid-19 goes offline and the absence of a clear and strategic
pm. The Ministry returns the next day with guideline to fight Covid-19, with
of Health denies information concerning the respective risk management, as
that the delay was solely the last 24 hours54. well as the absence of a coordinated
intentional50. On 06/08, the creation of and comprehensive communication
the Press Consortium was plan, which could compromise the
announced, through which costs and results of efforts against
the media outlets G1, O the pandemic and prevent effective
Globo, Extra, O Estado de S. political coordination and articulation
Paulo, Folha de S. Paulo and between federal and subnational
UOL formed a partnership bodies and entities. The TCU then
to seek information about provides multiple recommendations61
the pandemic from the 27
Brazilian states55.
06/03 06/05 06/07 06/08 06/10 06/24
Asked about the delay in The President addresses a supporter in front of
releasing the coronavirus death “The Supreme Court has decided
the Palácio da Alvorada who asks about Covid-19
toll, the President replies: “There’s that governors and mayors are
deaths. “Ask your governor about that. Get out of here”
no more material for Jornal responsible for this policy, which
(...) “Deaths are happening all over the world, it's not
Nacional”51. He also states "Either includes isolation measures.
just covid. Now, to try and blame me… There is a lot
the WHO will truly cease to be Now there is this huge wave of
of people dying of hunger, depression, suicide, this is a
a political organization, or even unemployment coming up. Both for
one-sided policy”58.
partisan, one could say, or we will informal labor and for the formally
start to think about leaving it"52. employed. Don’t try to pin this on
me. The governors are going to
On the same day, Carlos Wizard, have to solve this problem that
Tweet by the President: “I
appointed to be the new is happening throughout Brazil”,
remind our Nation that, by
secretary of Science, Technology states the President in front of the In a live broadcast on Facebook, the President
decision of the Supreme Court,
and Strategic Inputs for the Palácio da Alvorada56. encourages the invasion of field hospitals: "I might
actions to fight the pandemic
federal government, says that be wrong, but in all cases, or most cases, no one died
(closing businesses and
the number of Covid-19 deaths because of a lack of respirators or ICU beds. There
establishing quarantines, for
will be recounted “because the might have been a case or two. It would be good if
instance) were under the full
number we have today is either you people at the end of the line, if there is a field
responsibility of the Governors
unrealistic or manipulated. (...) hospital close to you, a public hospital, if you could
and the Mayors”57.
In a meeting with Many people were dying of other find a way to get inside and film it. Many people are
supporters, the causes and public officials, purely doing this, but more people have to do it to show
President questions out of interest in having a larger whether the beds are filled or not, if the expenses are
the data on the budget for their municipalities, compatible with reality or not"59. “There is a political
number of covid in their states, marked all of the gain, that’s the only explanation, [they are] taking
deaths: "This is deaths as covid deaths. We are advantage of the people who die to have a political
happening everywhere, revising these deaths”.53 gain and to blame the federal government"60.
if you die of anything,
[they say] it’s covid"49.
10 11THE TIMELINE OF THE FEDERAL GOVERNMENT’S STRATEGY TO SPREAD COVID-19
JULY Epidemiological week 28, 5-11/7 NORMATIVE ACTS RESPONSE OBSTRUCTION ACTS PROPAGANDA
Accumulated cases - 1.839.850
Accumulated deaths - 71.469
The President publishes an Order in the Federal Official
Gazette (DOU) that modifies Message no. 374 to make new When criticizing the militarization of the Ministry of
vetoes to Law No. 14.019, which had already been enacted Health in a live broadcast, Supreme Court Justice
and published, despite the expiration of the period of 15 Gilmar Mendes defines the federal government's
working days for his exercise of the right to veto on 07/02. Through Message no. 378, the response to the pandemic as genocide: “We can
The new vetoes remove the obligation of establishments President vetoes 14 provisions of no longer tolerate this situation that is happening
operating during the pandemic to provide their employees Law no. 14.021 issued on 07/07/2020 at the Ministry of Health. (...) We must say this
with free personal protection masks, even handcrafted that determines protection measures very clearly: the Army is associating itself with this
versions, without bias towards other personal protective for indigenous communities during genocide, it is not reasonable. We must put an
Through Message No. 374, the the Covid-19 pandemic, among
equipment established by the occupational health and end to this”65. Until 06/05, there were already 25
President vetoes 25 provisions of them: urgent access to six free
safety rules; they also suppress the obligation to post military individuals appointed by the President,
Law No. 14.019 of 07/02/2020 and periodic services (drinking
informative posters on how to correctly use masks and justified by the intention of establishing a ministry
that establish the mandatory water, hygiene and cleaning
the maximum number of people allowed to remain within “that follows the instructions of the President”66.
use of masks in business and materials, hospital and ICU beds,
the establishment at any given time. It also vetoes the In a press release, Gilmar added: “In a context
industrial establishments, ventilators and blood oxygenation
mandatory use of personal protection masks in prisons and like this, replacing technical experts with military The need to “produce hope for
religious temples, schools, and machines, information materials
in establishments meant for socio-educational measures. personnel at key posts in the Ministry of Health is afflicted hearts” and a supposedly
other indoor spaces where about covid-19, and Internet in the
On 08/03, the Supreme Court grants injunction62 restoring no longer just an exceptional measure and exceeds growing international demand were
people gather, under the villages); the Federal Government's
the validity of the vetoed provisions, understanding institutional mission of the Armed Forces. (...) I pointed out as justifications by the
justification that the provisions obligation to distribute food during
that the “repeated exercise” of the veto power is not in once again challenge the decision of recruiting Army to pay 167% more for the main
would result in a possible “home the pandemic, in the form of food ANVISA (National
accordance with the Federal Constitution; vetoes, after military personnel to design and execute a health chloroquine input, according to a
violation”. He also vetoed the staples, seeds and agricultural tools; Health Surveillance
they are manifested, cannot be retracted; and that “the policy that has not been shown to be effective in letter sent to the Federal Court of
imposition of a fine by the the extension of these measures Agency) Collegiate
unusual situation presented in this case” creates intense preventing the death of thousands of Brazilians.”67. Accounts (TCU), which investigates
federated entities (states) in case provided in the emergency plan to Board Resolution
legal uncertainty, as it hinders the effort of “identifying a suspicion of overpricing in said
the obligation to wear masks quilombolas, artisanal fishermen and No. 405 regulates
which law is in force”63. Furthermore, the Supreme Court negotiation70. The letter was obtained
was not complied with, and to other traditional peoples; the specific and favors, in some
considers that the duty to post informational posters on the via the Lei de Acesso à Informação
establishments authorized to emergency budget allocation aspects, the prescription
correct use of masks and the maximum number of people (Information Transparency Act) and
operate during the Covid-19 to ensure health for indigenous of ivermectin and
allowed within closed establishments at any given time was disclosed in December71. On the
pandemic that refrained from peoples; and the creation of a nitazoxanide (Annita), in
guarantees the right to information, and that the legislative same date of the letter, Brazil had
providing 70% alcohol-based specific financing mechanism for addition to chloroquine
mandatory use of personal protective equipment in prisons received a donation of 2 million doses
hand sanitizer near the entrance state and municipal governments. and hydroxychloroquine
and socio-educational establishments is extremely relevant, from the United States72.
of their establishments, elevators On 08/19/2020, Congress overthrew distributed outside
given the structural precariousness of health policies in
and escalators. On 08/19/2020, the presidential veto, maintaining the government programs.
these systems”, the lethal tendency of the disease in prisons
Congress overthrew the provisions in the law.
and socio-educational establishments affecting not only
presidential veto, maintaining the
inmates, but also the people who work there64.
provisions in the law.
07/02 07/06 07/07 07/11 07/17 07/22 07/31
Minister Pazzuelo states in an
interview: “Someone came up
“You’ll all catch it someday. What
with the idea that you need to
are you afraid of? Face it. I’m sorry
test someone in order to say it’s
about the deaths. People die every
coronavirus. You don’t need to be
day for many reasons. That’s life”,
tested, you need a medical diagnosis
states the President during a public
in order to say it’s coronavirus. And,
gathering in Bagé (RS). He also
if the doctor attests it, treatment
lied when claiming that the city
should begin immediately”68.
had faced the pandemic without
restrictions on economic activity,
when in fact Mayor Divaldo
Lara (PTB) adopted quarantine
measures, including curfews and
sanitary barriers69.
12 13THE TIMELINE OF THE FEDERAL GOVERNMENT’S STRATEGY TO SPREAD COVID-19
AUGUST Epidemiological week 32, 2-8/8 NORMATIVE ACTS RESPONSE OBSTRUCTION ACTS PROPAGANDA
Accumulated cases - 3.012.412
Accumulated deaths - 100.477
Analyzing the federal government's Pfizer presents a proposal
spending profile in the fight against to sell vaccines, with the
the pandemic, the Federal Court possibility of initial delivery in
Through Message No. 431, the of Accounts (TCU) finds that out 12/20. Such offer was ignored
President fully vetoes Draft Bill of the BRL 286.5 billion already by the federal government76.
No. 1,826 which established the paid up to 07/31/2020, only BRL
financial compensation to be paid 22.06 billion (7.67%), directly refer
by the Federal Government to to efforts to tackle the disease. In
health professionals and workers turn, expenses related to economic
who, during the national public protection measures, excluding
health emergency resulting from aid to States, the Federal District,
the spread of the new coronavirus, and Municipalities, correspond to
offered direct care to patients 78.35% of the total, representing
affected by Covid-19, or made the “political option of the heads
home visits within a certain period of Government to prioritize The Ministry of Health rejects
of time, in the case of community economic protection”. The TCU a donation of at least 20,000
health agents or endemic disease also determines that the Office of Covid-19 PCR test kits from
control workers, who became the Presidential Staff (Casa Civil) LG International, two months
permanently incapacitated for must present, within 15 days, the after the offer80.
work; or to be paid to their spouse actions planned to allow for the
or partner, dependents and legal immunization of the Brazilian
heirs, in the event of death. population, or, in the event that
there is no plan, that it must
elaborate such plan within 60 days,
in addition to formulating several
recommendations74.
08/03 08/06 12/08 08/13 08/15 08/19 08/24 08/25 08/31
The President states
“Regarding the vaccine,
no one can force anyone
to get a vaccine”79.
Federal government organizes an
event named “Brasil Vencendo a
Covid-19” (Brazil Beating Covid-19),
and the President states in his speech:
"If it [chloroquine] had not been turned
into a political matter, many more lives
could have been saved out of the 115
At the Palácio do Planalto, "In my understanding, all thousand the country has lost so far. (...)
in a ceremony broadcast things considered, I did not Some people change doctors, I changed
The President goes on ministers. [Nelson] Teich came in and
on public access television, see anyone in the world
multiple trips to different stayed for 30 days, and then, in order to
the President says: "Along who faced this issue better
states, gathering crowds, avoid further changes, I nominated an
with the means at our than our government. This
often without wearing a interim minister, Eduardo Pazuello. (...)
disposal, we can really say makes us proud. It shows
mask and having physical Pazuello decided to change the orientation
that we have done what that there are people trained
contact with people, and included [the instruction] ‘in any
was possible and what was and especially concerned
including children. At situation, prescribe chloroquine’, so that
impossible to save lives, with those most poor, the
the opening of a public doctors could have their freedom”. He
unlike those who have humble people”, declared
construction work in Pará, stated that over ten ministers were
insisted on remaining in the the President77.
he declares: “I am a living treated with the drug and “none of them
opposition, since 2018"73.
proof that [chloroquine] were hospitalized. So, it's working”. He
worked. Many doctors told reporters: “when one of you suckers
advocate this treatment. We get [covid-19], your chance of survival is
know that over 100 thousand much lower than mine"78.
people died in Brazil. If they
had been treated back then
with this drug, these lives [sic]
could have been avoided”75.
14 15THE TIMELINE OF THE FEDERAL GOVERNMENT’S STRATEGY TO SPREAD COVID-19
SEPTEMBER Epidemiological week 37, 6-12/9 NORMATIVE ACTS RESPONSE OBSTRUCTION ACTS PROPAGANDA
Accumulated cases - 4.315.687
Accumulated deaths - 131.210
ANVISA Collegiate Board Resolution
No. 420 further facilitates the
prescription of ivermectin and
nitazoxanide, eliminating the need
for prescriptions to be retained at
pharmacies upon purchase.
OCTOBER
Epidemiological week 41, 4-10/10 The President refrains from authorizing the
Accumulated cases - 5.082.637 purchase of 46 million doses of Coronavac
Accumulated deaths - 150.198 by the Ministry of Health91, and posted
an explanation on twitter: “João Doria's
Chinese vaccine: To my knowledge, any
vaccine, before being made available to
the population, must be SCIENTIFICALLY
PROVEN BY THE MINISTRY OF HEALTH and
CERTIFIED BY ANVISA. The Brazilian people
WILL NOT BE ANYBODY’S GUINEA PIG. There
is no justification for a billionaire financial
investment on a drug that has not even passed
its testing phase. In view of the above, my
decision is to not purchase such vaccine”, he
declared. Days later, the Minister of Health
stated “one person orders, the other obeys”92.
09/01 09/11 09/16 10/10 10/14 10/20 10/24 10/26 10/28 10/30
To French visitors, in front of
the Palácio da Alvorada, the
In his inauguration speech as President speaks at President says: “In Brazil,
Minister of Health, Pazzuello an official ceremony: [if you] take chloroquine at
states: “What we learned “We entered 2020, and the onset of symptoms,
The President states that
throughout the pandemic has we had the pandemic [you have] 100% cure”89.
Covid 19 may be the result
shown that the sooner we treat problem, which, in my The Ministry of Science and of bacteriological war
patients, the better their chance understanding, was Technology and Innovations
Next to a photo posted between countries: “This
of recovery. Early treatment exaggerated”85. (MCTI) announced at an
with a dog, on twitter, the exists, countries prepare for
saves lives. This is why we event that studies with the wars, even with bombs. Then
President writes “the only
have been saying, day after vermifuge nitazoxanide, there's nuclear bacteriological
mandatory vaccine will be
day, ‘don't stay at home’, get known by the trade name war. People mess with viruses
In a public gathering for Faísca right here”90.
a doctor's clinical diagnosis. Annita, managed to reduce in the laboratory, and that
in Bahia, the President Get the early treatment”82. the viral load in cases of
“I’m going to take a guess here, I’m guessing. [the Covid-19 virus] might
states: “We are pretty much At the same event, the Covid-19. Questioned as
Around 30% of deaths could have been have escaped there”87.
defeating the pandemic. The President advocates: “Today, to why no evidence or data
government did everything it prevented if hydroxychloroquine were used
studies have already shown were presented, the minister The President questions the need to race
could to minimize its negative in the initial phase (...) One way for you
that around 30% of deaths claimed secrecy because an for a vaccine against Covid-19: “Everyone
effects, helping mayors and to get vitamin D is through the sun and
would have been prevented article would have been sent says that the vaccine that took the least
governors with their health- vitamin D helps you fight the virus”, says
had hydroxychloroquine been to an international scientific time until now took four years to make. I
related needs. (...) [Brazil] the President in Guarujá (SP). "When you
administered early. This wasn’t journal that required don't know why we should rush over this
was one of the countries that look at it, I haven't done the math yet, we
something I decided on my novelty. Government (...) Isn't it cheaper, or easier, to invest in "The pandemic [in Brazil] is ending. I
suffered the least with the are now, let’s pretend it's right after the end
own, I chose to bet as if I were presented an animation a cure than even in a vaccine or to choose think [Doria] wants to vaccinate people
pandemic”81. of September, if you take the death toll from
a player. With Ernesto Araújo, with a graphic purchased both? But without forgetting the cure. I quickly because [the pandemic] will end
January to September last year and January
we spoke with ambassadors from the Shutterstock mean, the cure... I, for instance, am proof and then he’ll say: ‘it ended because of
to September this year... did you do the math
from around the world. Because image bank, which had no of it. I took hydroxychloroquine, others my vaccine’. The only thing that is ending
there, Cid? (Head of Order Assistance). There’s
in Africa, when the death toll connection with the study. took ivermectin, others took Annita... And is his administration, that’s for sure” (...)
a chance that the figures are similar"84.
was small, at that time, the In an interview with the it worked. And, by all indications, everyone “There is a governor there [in São Paulo],
American version of Anvisa, the radio program A Voz do who was treated early with one of these who is somewhat authoritarian, who even
FDA, studied this here. If here Brasil, the minister stressed three alternatives was cured”88. [wants] to forcibly vaccinate people. What
weren’t minimal evidence, they that a 95% inhibition of viral do I see regarding the pandemic issue? It’s
wouldn’t study it. I believe we load was perceived86. going away, this has already happened,
were bold”83. we see it in history books"93.
16 17THE TIMELINE OF THE FEDERAL GOVERNMENT’S STRATEGY TO SPREAD COVID-19
NOVEMBER Epidemiological week 45, 1º-7/11 NORMATIVE ACTS RESPONSE OBSTRUCTION ACTS PROPAGANDA
Accumulated cases - 5.653.561
Accumulated deaths - 162.269
Through the message No. 654, the
President nominates the lieutenant-
colonel Jorge Luiz Kormann, The Estadão newspaper report informs that a
currently the Ministery of Health's total of 6.86 million tests for the diagnosis of
deputy executive secretary, for the the novel coronavirus purchased by Ministry
job of Director of the Brazilian Health of Health would expire between December
Regulatory Agency - ANVISA. 2020 and January 2021. The RT-PCR
Devoid of the technical know-how tests were stored in a federal government
that was required for the position, warehouse. The Unified Health System (SUS)
considered an advocate for the had applied five million tests so far. Altogether,
"early treatment" for Covid-19, and the Ministry of Health invested BRL 764.5
also critical of the Coronavac, he million in tests and the equipment that would
has been kept hospitalized due to expire cost BRL 290 million99. Contrary to its
contracting Covid-19 up until the consolidated practice, ANVISA authorized an
moment this bulletin was finalized. exceptional extension of the tests' validity100.
11/09 11/10 11/11 11/13 11/18 11/22 11/26
Regarding the second
On a Youtube video,
wave of Covid, the
the President claimed:
President tells his
"This second wave thing,
supporters at the exit of
is it true or not? Or is
the Palácio da Alvorada:
it supposed to sink the
“It’s all chit chat”96.
economy for good? (...) "The issue with masks [is
"I take the opportunity... that] one day there will still
municipal elections… be a serious study on the
people don't care so effectiveness of masks...
much about mayors and that is the last taboo left
city councillors, but it's to be broken”, declares
important to worry and In an official ceremony, the the President in a live
vote well. The mayor has President states: “Everything right broadcast101.
shut everything down, if now is pandemic this, pandemic
you think he did it right, that. Come on, this has to stop.
In an event with rural
reelect him. Otherwise, I am sorry for the dead, I am.
workers who continued
change [your vote]. (...) We’ll all die one day. There’s no
to work throughout
The tourism branch has use trying to escape it, to escape
the pandemic, he says:
failed, right? Who said reality. We can no longer be a
“Congratulations to those
to shut it all down and country of sissies, come on”94.
of you who didn’t soften in
stay home? It wasn't the hour of anguish, as the
me, right? To make it On Facebook, the President
biblical passage says"97.
clear, the destruction of celebrates suspension of tests
employment in Brazil, for the Coronavac vaccine:
who did that?".98 "Death, disability, anomaly. This
is the vaccine that Doria wanted
to force all Paulistanos to take.
The President has said the vaccine
could never be mandatory.
Another win for Jair Bolsonaro"95.
18 19THE TIMELINE OF THE FEDERAL GOVERNMENT’S STRATEGY TO SPREAD COVID-19
DECEMBER Epidemiological week 50, 6-12/12 NORMATIVE ACTS RESPONSE OBSTRUCTION ACTS PROPAGANDA
Accumulated cases - 6.880.127
Accumulated deaths - 181.123
In a new stage of litigation that took place over the
year, Justice Luís Roberto Barroso (STF) denied the
approval of the third version of the General Plan to
Combat Covid-19 for Indigenous Peoples presented by
the government and determined that a new document
Ordinance of the Ministry Ministry of Health presents should be presented by 01/08/2021. According to the
of Education No. 1,030 the National Vaccination Supreme Court Justice, the new version of the plan
determines the return to Operationalization Plan109. presented by the federal government is still generic,
classes in higher education On 12/17, a Supreme Court which prevents an assessment on its sufficiency and
institutions that are part injunction110 ensures that (i) in feasibility or the monitoring of its implementation: “I’m
of the federal education the event of non-compliance impressed in that nearly 10 months into the pandemic,
The TCU concludes that the orientation
system as of 01/04/2021. with the Federal Government the Federal Government has not done the bare
campaign, carried out in March 2020,
On 12/07, this was altered plan, or in the event that they do minimum: offering a plan with its essential elements,
broadcast on radio and TV networks,
by Ordinance no. 1,038, not provide timely and sufficient which is a situation that continues to put the lives and
entertainment websites and applications, cost
which transfers the immunological coverage against health of indigenous peoples at risk”113.
BRL 800,000.00 spent only on the preparation
resumption of in-person the disease, the States, Federal
of the material, paid to the chosen advertising
classes to 03/01/2021. District and Municipalities
agency. The dissemination of this material
will be able to dispense to
occurred on a voluntary basis by media outlets
their respective populations
that were interested in the content and joined
the vaccines that have been Through the Information
the cause of facing the Covid-19 pandemic.
previously approved by Anvisa, Transparency Act (LAI), it is
In turn, the other five campaigns to advertise
or (ii) if this government agency discovered that the Ministry
government actions to fight the pandemic
does not issue the competent of Health donated thousands
and mitigate the social and economic impacts
authorization, within 72 hours, of masks and other personal
caused by social isolation cost a hundred
they may import and distribute protective equipment to the
times more: BRL 82,800,000.00103.
vaccines registered by at least one Federal District that were
of the foreign health authorities, considered unsuitable for use by
Eleven former Ministers of Health from
or any others that may be health professionals. According
different political parties published an article
approved for emergency use111. to data from the Department of
denouncing the “disastrous and inefficient
Health of the Federal District,
conduct of the Ministry of Health in relation
344,000 N45 masks, 108,700 PFF2
to the Brazilian strategy of vaccinating the
masks, 5,700 long sleeve aprons
population against Covid-19”104.
and 1,400 aprons of other types
were considered inappropriate116.
12/01 12/08 12/10 12/15 12/16 12/18 12/19 12/30
"The pandemic is truly coming to an
“What did the Supreme end. We have a small upward bump
Court decide? If you do not now, which is a small spike that can
want to be vaccinated, I, the happen, but the rush for the vaccine
President of the Republic, is not justified. (...) They will inoculate
the governors or mayors can something into you. Your immune
"We are living through the tail end of the impose restrictive measures system can react, in an unforeseen
pandemic. (...) We haven’t heard of our In an interview, the on you. You won't be able way even”, the President states in an
brothers in Africa, south of the Sahara Desert, President states: “In the to get a passport, a driver's interview with his son in a program
facing a large number of Covid deaths, and middle of this package license, you can be put released on YouTube115.
"I'm not getting a vaccine,
everyone expected precisely the opposite. leaflet, it says the company under house arrest, think
period. Is my life at risk?
[It was expected that] people with food is not responsible for any about how great that
That’s my problem”105, the
deficiencies, poorer people, would fall victim side effects. This makes would be”, says the PR
President stated at a rally
to the disease in large quantities. And why a yellow light turn on. on a live broadcast112.
(presented as a “technical
weren’t they? Unfortunately, they are often visit”) organized by the We start asking people:
treated for malaria over there. So a person Presidency of the São Paulo are you going to get this
would arrive with malaria and Covid-19, be Company of Warehouses vaccine?”107.
treated with hydroxychloroquine and get (CEAGESP), which brought
better. Does it take that much intelligence together hundreds of On the same day, the
The President declares: “The Pfizer contract
to understand that hydroxychloroquine supporters, most of them Minister of Health says
states very clearly that ‘we (Pfizer) are not
works for both things? That’s just obvious”, without masks106. about vaccination:
responsible for any side effects’. If you turn into
the President claims in Porto Alegre at “Why all the anxiety
an alligator, that's your problem (...) If you
the inauguration of yet another public and angst?”108
become Superman, if some woman is born with
construction work102.
a beard, or if a man starts to have a thin voice,
they (Pfizer) have nothing to do with it. What's
worse is they are tampering with people's
immune systems (...) You will have to sign the
term of responsibility if you want to take it.
Pfizer is very clear in its contract: ‘We are not
responsible for side effects'”114.
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