Bauermann obtains habeas corpus from the STF so as not to testify at the CPI

the defender Edward Bauermann appealed to the Federal Supreme Court (STF) not to testify in the Earnings Manipulation CPI and obtained a favorable decision. Minister André Mendonça granted habeas corpus to the Santos defender, releasing the athlete from giving testimony before the deputies at the CPI that seeks to advance in the fraudulent betting scheme in games of Series A and B of the Brazilian Championship of 2022.

Bauermann’s defense, led by lawyer Ana Paula da Silva Correa, argued that calling the player under investigation is an “illegal embarrassment”, since he has already been investigated and denounced by the Public Ministry of Goiás for his participation in the scheme of bets.

To support his decision in favor of the player, Mendonça mentioned the understanding of the Second Panel of the STF that the right to non-self-incrimination “includes the ability to attend” the testimony, understanding that “no one is obliged to incriminate himself”, so there is no obligation or sanction for absence from interrogation.

The STF minister’s decision leaves it up to Bauermann whether or not to testify at a hearing scheduled for this Tuesday (13), in the Chamber of Deputies. As he resorted to the STF not to attend the session, it will be a certain absence.

“Considering the prior manifestation of the patient, carried out through this constitutional remedy, in the sense of intending to exercise his right to remain silent, as well as considering the fact of appearing as a defendant in a process related to the same facts object of the CPI, it is necessary to safeguard his ability to attend the act, including with a view to honoring the full exercise of the ample defense”, wrote Mendonça.

Mendonça’s decision sets a precedent for other players investigated by the Goiás MP’s Operation Penalty Maximum to appeal to the STF to also refuse to speak at the CPI. Requests for summons from other athletes were already approved by deputies last week.

Bauermann and Romário, another summoned to testify as being investigated, had not been located by the CPI until Monday afternoon to testify, since they had not responded to attempts to contact them. If they go to the CPI, they have the legal prerogative to remain silent before parliamentarians.

The Santos player has already been tried in the first instance by the Superior Court of Sports Justice (STJD). The defender had a light penalty, so he only got 12 hook games because the complaint was disqualified by the auditors.