Federal Deputy Deltan Dallagnol has his mandate revoked by unanimous decision of the TSE
Federal Deputy Deltan Dallagnol's mandate wasimpeached unanimously and takes effect immediately. The former prosecutor and now former parliamentarian coordinated the Lava Jato Operation task force in Curitiba.
Federal Deputy Deltan Dallagnol (Podemos-PR) - Photo Reproduction
The court Superior Electoral (TSE) unanimously annulled, on Tuesday (16), the mandate of Federal Deputy Deltan Dallagnol (Podemos-PR), former prosecutor who coordinated the task force of Operation Lava Jato in Curitiba. The decision was taken based on the Clean Record Law and is effective immediately. The TSE ministers concluded that Dallagnol acted inappropriately in requesting his removal from the post of public prosecutor while he was still under investigation in internal disciplinary proceedings.
These actions could result in sanctions. The Clean Record Law and the Ineligibility Law prevent those who leave the Judiciary or Public Ministry to avoid punishment from running for office.
The decision
The TSE analyzed Dallagnol's candidacy record. With the decision of the TSE, the votes that Dallagnol received in the electionthey go for the caption. According to Justice Benedito Gonçalves, rapporteur of the case, the TSE concluded that Dallagnol violated the Clean Record Law by leaving the Federal Public Ministry (MPF) in November2021. The minister pointed out that this conduct allowed Dallagnol to avoid possible disciplinary sanctions that could result in his dismissal and, consequently, make him ineligible.
As determined by the Court, it will be the responsibility of the Regional Electoral Court (TRE) of Paraná promptly implement the decision. Dallagnol has the option to file an appeal with the Federal Supreme Court (STF). The TSE determination does not imply Dallagnol's ineligibility. He lost his position because his registration was not approved. However, he still has the possibility to stand as a candidate in the upcoming elections.
What did Dallagnol say?
Through a note, Dallagnol expressed his deep indignation at the loss of his mandate in a statement. He believes that the TSE's decision is a form of "retaliation" against those who dedicated themselves to the fight against corruption.
"344,917,000 voices from Paraná and millions of Brazilians were silenced tonight with a single stroke of the pen, in defiance of the law and justice. fight corruption. But no obstacle will stop me from continuing to fight for my life purpose of serving God and the Brazilian people", he said.
According to the advisory of the now former federal deputy, Luiz Carlos Hauly, who was the second most voted candidate of the "Podemos" party in Paraná, with 11,925 votes, would be responsible for assuming the mandate. However, Hauly would not have reached the individual quotient necessary to assume the position, which would make it impossible for him to assume. In this situation, the mandate would be granted to Itamar Paim, from the PL, the party with the highest electoral quotient.
The case against Dallagnol
Last year, two appeals against Deltan Dallagnol's candidacy were accepted by TSE ministers. One of the resources was presented by the Coligação Brasil da Esperança, led byfor the president Sit down (PT), and the other by PMN. In the appeal presented, in addition to mentioning the request for dismissal, it was emphasized that Dallagnol received a conviction by the Federal Court of Auditors (TCU) in a case related to the payment of per diems to prosecutors in the Lava Jato operation.
Paulo Gonet Branco, deputy electoral attorney general, expressed its support for Deltan by stating that "It is irrelevant to consider the reason for the request for dismissal before the completion of procedures other than the disciplinary administrative process," he said.
The appeals rapporteur, Gonçalves, highlighted in his opinion that Deltan committed an electoral infraction by requesting his resignation from the Federal Public Ministry while still facing internal proceedings at the MP's National Council. According to the minister, Deltan's dismissal resulted in the interruption of 15 administrative processes that could potentially lead to his compulsory retirement or loss of office. Benedito also highlighted that Deltan had previously been punished with warnings and censures, lighter penalties compared to other possible sanctions.
"In the case of the records, the sum of five elements, duly concatenated and contextualized, reveals in a crystal clear way that the defendant resigned from the position of public prosecutor in November 3, 2021 with the purpose of thwarting the incidence of ineligibility", said the minister.
According to the minister, in requesting his resignation, Deltan had the evident intention of circumventing his ineligibility and those who allegedly resign from office (a right initially conferred by law) with the disguised intention of circumventing a legal restriction (the impossibility of running for election for the office of president of a court) are committing an evasion of the law.
Defense
According to the MP's lawyer, Leandro Rosa, it was stated that, before requesting his exoneration, Deltan Dallagnol obtained a statement from the National Council of Public Prosecutors, which confirmed his response to two administrative proceedings that had already been filed. The first lawsuit took place in 2019 and resulted in a caution penalty, while the second took place in 2020 and resulted in a censor penalty.
Following the principle of legal certainty and trust, the lawyer stated that Deltan requested his dismissal. The defense also presented the argument that the legislation that regulates the conduct of civil servants prevents the dismissal of those who are subject to this type of procedure.
