Summary:
José Pedro Aguiar-Branco denies Chega's request for access to presidential communications.
Non-compliance with parliamentary orders may lead to a crime of qualified disobedience.
The request was deemed illegitimate and in violation of citizens' rights.
Parliamentary committees are not judicial authorities and must respect privacy rights.
The inquiry focuses on the Zolgensma treatment case involving the luso-Brazilian twins.
Overview
The President of the Assembly of the Republic, José Pedro Aguiar-Branco, has officially denied the request from the Chega party for access to communications from the Presidency of the Republic regarding the case of the twin sisters, Maitê and Lorena Assad. This decision was made following a legal opinion from the Consultative Council of the Attorney General's Office (PGR), which supported the initial refusal issued on July 17.
Legal Implications
Aguiar-Branco emphasized that non-compliance with legitimate orders from a parliamentary inquiry committee could constitute a crime of qualified disobedience. He asserted that the request from Chega was illegitimate, infringing constitutional norms and the rights of citizens, including the right to privacy and the inviolability of correspondence.
Parliamentary Rights and Limitations
While acknowledging that parliamentary committees possess powers similar to judicial authorities, Aguiar-Branco clarified that these committees are not courts and do not exercise judicial power. He reiterated that the right to a good name and the private life of citizens must be respected, reinforcing that any restrictions on these rights must be justified by a judge's decision.
Additional Considerations
The PGR's opinion points out that the President of the Assembly is not obliged to approve requests for information if they exceed the scope of the inquiry or violate constitutional norms. It is important to note that the President of the Republic does not politically answer to any other sovereign body, and thus is not required to provide information or documents for parliamentary inquiries.
Context of the Inquiry
The inquiry revolves around the access of the luso-Brazilian twins to the Zolgensma treatment at Santa Maria Hospital in Lisbon, a medication that costs two million euros per individual. This investigation includes notable figures such as the former Secretary of State for Health, Lacerda Sales, and Nuno Rebelo de Sousa, son of the President of the Republic.
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