Pedido enviado ao Tribunal Penal Internacional

COMPLAINT
BEFORE THE INTERNATIONAL CRIMINAL COURT
BASED UPON THE ROME STATUTE, ART. 5.1.a.b AND ART. 6 AND
ART. 7 AND ART. 15.1 AND ART. 53
IN THE MATTER OF
GENOCIDE AND CRMES AGAINST HUMANITY BY THE
BEHAVIOR OF NEGLECTING CARE AND CAUTION ABOUT
COVID-19 PANDEMIA BY THE PRESIDENT OF THE FEDERATIVE
REPUBLIC OF BRAZIL JAIR MESSIAS BOLSONARO

- 2 - Total of 8 pages
Legal representation and election of domicile
Applicant: JOSÉ MANOEL FERREIRA GONÇALVES, brazilian citizen,
engineer, lawyer and journalist, resident in São Paulo, SP.
The applicant will be represented for the purposes of this procedure by:
Mr. BRUNO CÉSAR DESCHAMPS MEIRINHO, Esq., advocate, Av.
Cândido de Abreu, 526, Torre B, Sl. 1506, Centro Cívico, Curitiba, PR, ZIP
80530905. Telephone +55 (41) 98440-5050. E-mail: bruno@meirinho.adv.br
Consequently, all subsequent correspondence should be sent only to the
mailing and/or e-mail addresses given above. Any notification within the
meaning of the Statute of the Court addressed in this way will be
considered valid.

TO THE INTERNACIONAL CRIMINAL COURT
JOSÉ MANOEL FERREIRA GONÇALVES
São Paulo, SP
Complainant,
v.
JAIR MESSIAS BOLSONARO
President of the Federative Republic of Brazil
Defendant.
CRIMINAL COMPLAINT CONCERNING POTENTIAL DAMAGE
CAUSED BY THE ALLEGED CRIMINAL ACTIONS OF DEFENDANT
AS A RESULT OF THE BEHAVIOR OF NEGLECTING CARE AND
CAUTION ABOUT COVID-19 PANDEMIA
Complainant JOSÉ MANOEL FERREIRA GONÇALVES
(“Complainant”) request the opening of an inquiry by the prosecutor’s
office pursuant to Article 15 of the behavior of neglecting care and
caution about COVID-19 pandemia by the Defendant the President of the
Federative Republic of Brazil (“Defendant”), as set forth herein, and show
and allege as follows:
I – INTRODUCTION
1. This is a complaint for the opening of an inquiry by the
Prosecutor at the International Criminal Court under Article 15 of the
Rome Treaty to investigate the urgent and important question of the
behavior of neglecting care and caution about COVID-19 pandemia by
the President of the Federative Republic of Brazil, who has made
statements against the social distancing, the isolation and the quarantines
ordered by state governments in Brazil.
2. It has been proved and experienced all over the world that the
COVID-19 pandemia is a real and present major global threat to all
mankind, conclusion also held by the World Health Organization.

3. Considering the major global threat represented by the COVID-
19 pandemia, physicians, scientists and authorities all over the world
have adopted social distance, isolation and even quarantines as a
mandatory policy to avoid the spreading of the virus and the disease.
4. Opposing the scientific consensus, Jair Messias Bolsonaro, the
President of the Federative Republic of Brazil, made a couple of
statements through open TV in national broadcast to call and exhort the
Brazilian people to disobey quarantine and social distance established by
government acts and reopen shops and schools as the only way to help
Brazil not to suffer economic consequences of the COVID-19.
5. Additionally to the TV national broadcast, the President has
also made statements in front of the official residence, in Brasília, and has
been wandering the streets of Brasília and nearby cities, touching and
hugging individuals, creating a special kind of hysteria against the
isolation.
6. Since the COVID-19 disease is broadly acknowledged as a
major global threat, with associated risks to the public health services
and, also, considering the COVID-19’s high standard of death rate, the
behavior of an authority who wittingly disobey the recommendations to
prevent the spreading of a potentially fatal disease with national and
regional consequences may be sanctioned by the rules of the Rome
Statute.
II – JURISDICTION
5. Article 5 of the Rome Statute regulates Crimes within the
jurisdiction of the Court: “The jurisdiction of the Court shall be limited to
the most serious crimes of concern to the international community as a
whole. The Court has jurisdiction in accordance with this Statute with
respect to the following crimes: (a) The crime of genocide; (b) Crimes
against humanity; (…)”
6. Article 6 “Genocide” includes: “acts committed with intent to
destroy, in whole or in part, a national, ethnical, racial or religious group,

as such: (a) Killing members of the group; (b) Causing serious bodily or
mental harm to members of the group; (c) Deliberately inflicting on the
group conditions of life calculated to bring about its physical destruction
in whole or in part;”.
7. Article 7 “Crimes against humanity” includes: “1. For the
purpose of this Statute, "crime against humanity" means any of the
following acts when committed as part of a widespread or systematic
attack directed against any civilian population, with knowledge of the
attack: (a) Murder; (b) Extermination; (…) (k) Other inhumane acts of a
similar character intentionally causing great suffering, or serious injury to
body or to mental or physical health.”.
8. The Federative Republic of Brazil signed the Rome Statute on 7th
February of 2000, act ratified and deposited on 20th June 2002. Hereby, the
present complaint is addressed against an authority of a State Party
under the jurisdiction of the Rome Statute.
III – PARTIES AND STANDING
9. Complainant JOSÉ MANOEL FERREIRA GONÇALVES is a
Brazilian citizen, aged 65 years old, which means he is part of the group
at highest risk of developing severe illness and of death. Also, the
Complainant has history of previous diseases and is a
immunosuppressed patient. Thus, the Complainant is under special risk
before the COVID-19.
10. The Defendant JAIR MESSIAS BOLSONARO, President of the
Federative Republic of Brazil, is the Chief of State and Chief of
Government of a State Party of Rome Statute. As the leader of the largest
South America’s country, his actions have special effects of national and
regional scale. Nowadays, Brazil’s population is over 200 million people.
IV – ABOUT CORONAVIRUS
11. The world watches the spreading of the major pandemia since
Spanish flu. There is a straight consensus among scientists and authorities
in many countries about the need of social isolation to stop the disease.

12. The World Health Organization (WHO) has declared COVID-
19 a Public Health Emergency of International Concern in 30th January
2020. In 11th March de 2020, WHO declared COVID-19 as a pandemia.
13. The Imperial College London studies on COVID-19 give us a
few sceneries about the future of public health in case of the absence of
mitigating measures and in the case of adopting measures such as social
distance and quarantine, in Brazil:
Scenery 1- Absence of mitigation measures:
- Total population: 212.559.409
- Infected population: 187.799.806
- Deaths: 1.152.283
- Hospital demand: 6.206.514 individuals
- ICU demand: 1.527.536 individuals
Scenery 2 – Social distance measures:
- Deaths: 627.047
- ICU demand: 831.381 individuals
Scenery 3 – Social distance and special attention to older people:
- Deaths: 529.779
Scenery 4 – Late quarantine

- Deaths: 206.087
- Hospital demand in the peak of the pandemia: 460.361
individuals
- ICU demand in the peak of the pandemia: 97.044 individuals
Scenery 5 – Early quarantine
- Deaths: 44.212
- Hospital demand: 250.182 individuals
- Hospital demand in the peak of the pandemia: 72.398
individuals
- ICU demand in the peak of the pandemia: 15.432 individuals
V – FACTS TO BE SANCTIONED
14. The behavior of the President of the Federative Republic of
Brazil must be sanctioned as a Genocide, according to Article 6, clause
“a”, “b” and “c”.
15. The conclusion derives from the fact that the leader’s
statements oppose the states’ governments legitimate acts of ordering
social distance and even quarantine, when necessary.
16. Calling people to reopen shops and schools is a reckless
behavior, if one considers the full situation of COVID-19 pandemia. The
situation is well known by the Defendant, once the Minister of Health
nominee by his own government has also adopted the measures of social
distance and quarantine.

17. Thus, the material elements of subjecting the people of Brazil
to the risks of the pandemia have been committed with the knowledge of
its possible consequences (Art. 30.2.”b”.3).
18. The genocide is being specially driven against elder people
and people with history of previous diseases, which fulfils the clauses of
Article 6, “a”, “b” and “c”.
19. The consequences of the President’s behavior include the
increase of avoidable deaths, the occurrence of harm to members of the
nation and the infliction of absolutely unsafe and unhealthy conditions of
life that may bring to the physical destruction of part of the people.
20. Also, the behavior to be sanctioned through this complaint
may be considered crime against humanity, once the disobedience of the
social distance and quarantine drives the country to the murdering and
the extermination of part of the people, condemned to be infected with
the virus without having safe hospital treatment.
21. Furthermore, the Defendant’s behavior may be considered a
crime against humanity according to Article 7, clause 1.k, once it is
inhumane to subject the people to the serious doubts about the social
distance and the threat of the disease, considering the possible economic
effects of the health crisis, which may cause great suffering to physical
health of the people.
VI – CONCLUSIONS
Complainant respectfully request that the Prosecutors Office of
the International Criminal Court open an urgent investigation to confirm
the material elements of the crimes described above, and, also, to confirm
the mental element, and to consider JAIR MESSIAS BOLSONARO a
criminal before the I.C.C., to be judged under the Rome Statute Law.
6th April 2020
Respectfully
BRUNO CÉSAR DESCHAMPS MEIRINHO

06/04/2020 The Guardian view on Jair Bolsonaro: a danger to Brazilians | Editorial | Opinion | The Guardian
https://www.theguardian.com/commentisfree/2020/mar/31/the-guardian-view-on-jair-bolsonaro-a-danger-to-brazilians 1/2
The Guardian view on Jair Bolsonaro: a
danger to Brazilians
Editorial
The president is wrecking his country’s attempts to contain the spread of coronavirus
Coronavirus – latest updates
See all our coronavirus coverage
Tue 31 Mar 2020 19.30 BST
M
uch of Brazil is now shut down. Governors impose rigorous quarantines. The health
minister urges people to stay at home, warning that unless transmission is curbed
the health system will collapse by the end of April. Even drug gangs lock down
favelas to stop the spread of coronavirus. Meanwhile, a citizen decries the
restrictions and heads out for a stroll at a local market. Facebook and Twitter remove his posts for

06/04/2020 The Guardian view on Jair Bolsonaro: a danger to Brazilians | Editorial | Opinion | The Guardian
https://www.theguardian.com/commentisfree/2020/mar/31/the-guardian-view-on-jair-bolsonaro-a-danger-to-brazilians 2/2
touting unproven remedies and attacking physical distancing. One man cannot normally cause too
much damage. Unfortunately, this one is the president.
Jair Bolsonaro’s ascent was always frightening, and his record since taking power last year – with
attacks on human rights, minorities, the arts, and destruction of the Amazon – has been shameful.
His response to coronavirus has plumbed new depths. Many governments will have to answer for
their mistakes and complacency when the pandemic is over. Mr Bolsonaro’s performance is in a
league of its own.
He has repeatedly dismissed coronavirus as “just a little flu” or “a bit of a cold”, and as a media
trick or fantasy. Having finally acknowledged its reality, he has told people to “face it like fucking
men, not kids. We’ll all die one day”, and urged the country to “get back to normal” – as if such a
thing were possible. Meeting and greeting his citizens in Brasília last weekend was doubly
irresponsible, given his close contact with known coronavirus cases: the danger is not only the
messages he has sent, but the physical risk he could pose to others. (Fox News recently reported
that Mr Bolsonaro’s son said his father had tested positive, though this was later denied.)
The governor of São Paulo, Brazil’s most populous and economically powerful state, has told the
public not to follow the president’s guidance. Mr Bolsonaro’s own health minister reportedly
warned he would have to publicly contradict him, apparently backing down only after he
was threatened with the sack.
Brazil already has 4,579 confirmed cases and 159 deaths. In a country of 210 million people, the
president’s reckless course could be the difference between tens or hundreds of thousands of
deaths. The danger to indigenous peoples – for whom Mr Bolsonaro’s contempt is well documented
– is particularly severe. Highly infectious diseases have devastated communities in the past;
coronavirus could be an existential threat.
As erratic as Mr Bolsonaro is, his current course doubtless owes something to his political
calculations. Attack the restrictions now, and when the economy tanks he can blame the dreadful
decisions made by others. He has already accused governors of being “job exterminators”. Some
observers also suspect that he sees the pandemic as a way to stir up his base; he has always thrived
on confrontation and chaos.
Yet even former allies are finally balking at his behaviour. Ronaldo Caiado, the rightwing governor
of Goiás state, severed ties with the president last week, describing his behaviour as appalling. The
rightwing chief of the strongly pro-Bolsonaro state of Santa Catarina declared himself
“flabbergasted” by the president’s stance. There are reports of rumblings in the armed forces. Mr
Bolsonaro may not believe in physical distancing, but he is proving remarkably successful in
isolating himself.

06/04/2020 Bolsonaro Urges Brazilians Back to Work, Dismisses Coronavirus 'Hysteria' - The New York Times
https://www.nytimes.com/reuters/2020/03/24/world/americas/24reuters-health-coronavirus-brazil.html 1/2
By Reuters
March 24, 2020
SAO PAULO/BRASILIA — As Brazil's largest city went into lockdown, President Jair
Bolsonaro on Tuesday took aim at the "hysteria" over the coronavirus and urged that life
must continue and jobs be preserved.
In an address to the nation, Bolsonaro urged mayors and state governors to roll back
lockdown measures that have brought Rio de Janeiro and Sao Paulo to near standstills.
"We must return to normality," he said. "The few states and city halls should abandon
their scorched-earth policies."
Bolsonaro has faced increasing criticism for his cavalier attitude toward the virus, which
he has dismissed as a "fantasy" and a "small flu" despite its infecting over 300,000
people worldwide and killing tens of thousands.
During his address Tuesday night, people banged pots and pans in a traditional form of
protest in Sao Paulo and Brasilia. Opinion polls have shown Bolsonaro's popularity
slipping.
He said the terrible situation in Italy would not be repeated in Brazil because of the Latin
American country's younger population and warmer climate.
Italy has had more people die of the coronavirus than any other country, with the death
toll rising to 6,820 on Tuesday.
Most people, including himself, had nothing to fear, Bolsonaro said.
"In my particular case, with my history as an athlete, if I were infected with the virus, I
would have no reason to worry, I would feel nothing, or it would be at most just a little
flu," he said.
Coronavirus deaths in Brazil on Tuesday rose to 46 from 34, and the number of cases
rose to 2,201 from 1,891, according to government figures. Wanderson de Oliveira, a
Health Ministry official, told reporters Brazil would vastly expand testing in the coming
days.
Economic prospects for Brazil, Latin America's largest economy, are worsening amid the
pandemic. Data showed consumer confidence fell to a three-year low in March, and retail
sales in January declined at the fastest rate in over a year, indicating consumer spending
was off to a weak start in 2020, even before the coronavirus outbreak.
Bolsonaro Urges Brazilians Back to Work,
Dismisses Coronavirus 'Hysteria'

06/04/2020 Bolsonaro Urges Brazilians Back to Work, Dismisses Coronavirus 'Hysteria' - The New York Times
https://www.nytimes.com/reuters/2020/03/24/world/americas/24reuters-health-coronavirus-brazil.html 2/2
Two of Brazil's top airlines said they would cut more than 90% of their domestic flights
until at least May.
The slowdown is set to worsen as Sao Paulo, Brazil's largest city, began a two-week
lockdown on Tuesday. The state government ordered all non-essential services and
businesses to close.
The city's usually gridlocked streets were quiet. Buses still ran and construction was
allowed to continue in a bid to avoid complete economic collapse in the country's
economic powerhouse. Restaurants were open for takeout and delivery workers whizzed
through the thinning traffic on bikes and scooters.
"Everyone is scared," said Gidalva do Santo, 50, who had left home briefly to visit the
doctor. "Everyone has to look after themselves, taking hygiene seriously, washing their
hands."
Sao Paulo, which recorded the first cases, has been the hardest hit.
Waiting for a train in a usually packed station, Antonio Lima, 50, said he was worried
about the impact on his small construction business.
"It's a constant worry, because we have workers to pay. If it is halted and there's no
financial solution, companies will go bust," he said.
Earlier on Tuesday, Bolsonaro patched up a diplomatic spat with China, agreeing in a call
with President Xi Jinping to fight the spread of the coronavirus together.
The dispute began last week when Bolsonaro's son blamed Chinese authoritarianism for
preventing faster action against the coronavirus.
Xi and Bolsonaro's conversation included discussion of cooperation in medical supplies,
Chinese Ambassador Yang Wanming said on Twitter, without providing details.
A Chinese diplomatic source said the country, which has seen some success in taming the
virus through severe lockdown measures, would provide Brazil "with material and
technical assistance to the best of its ability."
(Reporting by Jake Spring, Jamie McGeever, Ricardo Brito, Stephen Eisenhammer and
Marcelo Rochabrun; Editing by Cynthia Osterman and Leslie Adler)

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