Two and a half years after its installation, in December 2019, emptied by the pandemic and the election year, and still without requests for indictment, Chapecoense’s Parliamentary Commission of Inquiry (CPI) had the final preliminary report officially presented this Wednesday ( 18) by Senator Izalci Lucas (PSDB-DF).
The rapporteur intended to close the work of the CPI next week, with the vote on the final opinion. Without reaching the main objective – payment of compensation to the victims’ families and punishment of those responsible for the accident – an appeal made by Senator Esperidão Amin (PP-SC), with the support of the other members and representatives of the families, changed the commission’s plans. . The expectation now is for the CPI to be closed near the end of the operating period, July 11th. Until then, new contributions must be incorporated into the text by the rapporteur.
“If this were the end of the CPI, or the end of the negotiation, it would be very frustrating. So, we have to have an extension so that the bases of the negotiation can be established”, affirmed Amin. For the senator, before the conclusion of the work, it is necessary to hear the representative of the English Tokio Marine, whose testimony was even scheduled for March 31, 2020, but did not take place because of the covid-19 pandemic. Amin convinced colleagues to insist on hearing representatives of the brokerage Aon and requested that the Chapecó prosecutors who are in the case also be heard.
For now, at 1,149 pages, one of the main recommendations of the preliminary report is to send the entire document to the Superintendence of Private Insurance (Susep) for knowledge “and adoption of the relevant administrative measures”. The report suggests that Susep analyze the “possibility of adopting disciplinary measures, such as fines or suspension of the licenses of affiliates to operate in the Brazilian insurance market, in compliance with due legal process” under the argument of “lack of sensitivity on the part of the reinsurer Tokio Marine Kiln Limited and brokerage Aon UK Limited, often slipping into bad faith.”
Concerned about the delay in paying compensation to relatives of the victims of the Chapecoense accident, during the investigations, the senators pressured Petrobras, Caixa and other state-owned companies to reassess and suspend the contracts with Tokio Marine, on the grounds that the company would be refusing to honor commitments assumed in the case of Chape’s accident.
Historic
In February this year, in testimony at the CPI, Petrobras Finance executive Ricardo Rodriguez Besada Filho expressed solidarity with the families of the victims, but stressed that there was no legal factual information for Caixa to reject Tokio Marine’s participation in a bid. “We permanently monitor the market and, in light of new facts, we will take the necessary actions to keep past contracts in force and future contracts in compliance with the legislation in force. If any new information emerges, either at the end of the work of this CPI, with its report, or with other factual, legal information that serve as subsidies, we will make the decision promptly”, said the executive at the time.
On the issue of insurance, also in February, in testimony at the CPI of the Senate, the vice president of Logistics and Operations of Caixa Econômica Federal, Antônio Carlos Ferreira, said that “Neither Caixa nor the companies of the conglomerate have any connection with the insurance and reinsurance contracts in question. [O banco] is unaware of the terms and conditions of this instrument or of any other commercial agreement signed between the companies involved”.
At the time, members of the CPI pressured Caixa to terminate the contract with Tokio Marine, which is a partner in another insurance company, XS3 Seguros SA, due to the fact that the company did not fulfill its commitments. “We want the eyes of Caixa Econômica and Petrobras to be indignant, as we are indignant, to assist the victims”, said, on the occasion, the president of the CPI, Senator Jorginho Melo (PL-SC), citing Brazilian companies that are clients of the insurance company. .
provisions
In the preliminary document, the rapporteur suggests forwarding the final result of the CPI to various bodies of the federal government and Justice and to Bolivian and Colombian authorities for knowledge and adoption of measures that can improve operational norms and protocols related to their legal attributions, in a way that to inhibit the occurrence of similar cases.
Among Brazilian authorities, the preliminary opinion suggests forwarding the CPI’s conclusions to the National Civil Aviation Agency (Anac) and the Airspace Control Department (Decea) for the adoption of measures related to their respective legal attributions. The expectation is that, with this, the occurrence of facts such as those reported in the investigation will be avoided.
The Ministry of Foreign Affairs is also required to forward copies of the parliamentary investigation to the Bolivian and Colombian authorities for knowledge and adoption of measures that contribute to improving operational norms and protocols related to their legal attributions.
Process
The legal dispute over the payment of damages has been going on for six years. The families blame both the club and the insurance companies for the failed negotiations. Chapecoense alleges financial difficulties, in part caused by the air disaster. At the end of last year, the club filed for judicial recovery – a regime in which debt payments are suspended to prevent the entity from closing its doors. The representatives of Tokio Marine say that they are not responsible for the reinsurance charged.
Victims of the Chapecoense plane crash were honored at the Arena Condá, in Chapecó – Beto Barata/PR/Disclosure
In the crash of the Chapecoense flight, in November 2016, in Colombia, 71 people died, including crew, players and the technical commission of the Santa Catarina club and journalists. The entourage was heading to the final dispute of the Copa Sud-A mericana, in the Colombian city of Medellín.
