Dallagnol’s mandate should be maintained until the STF decides on the case

The jurist Ives Gandra Martins defended, this Tuesday (30), that the Chamber of Deputies should not revoke the mandate of federal deputy Deltan Dallagnol (Podemos-PR) until the Federal Supreme Court analyzes the case. The statement was made during a hearing at the Financial Inspection and Control Commission. For him, the decision of the Superior Electoral Court (TSE) to remove Dallagnol invades the competence of the Legislative power.

In addition to him, lawyers Modesto Carvalhosa, Horácio Lopes, Leandro Souza, Dallagnol’s lawyer, and Joaquim Cabral da Costa Neto, member of the Electoral Attorney General’s Office, participated in the debate on the regularity of electoral decisions and the possibility of non-compliance with current legislation on ineligibility.

The discussion took place at the request of deputy Kim Kataguiri (União-SP). According to him, it is important to show society that big names in law considered that the interpretation of the Electoral Justice in the Dallagnol case created a new hypothesis, not foreseen in the legislation.

Gandra also highlighted that the Federal Constitution is clear in stating that the Three Powers are “independent and harmonious”. In the jurist’s view, the TSE’s recent decision to revoke the mandate of a parliamentarian for non-compliance with the Clean Record Law, without any Disciplinary Administrative Proceedings against him, demonstrates that it invaded the competence of the Legislative Power.

For Gandra, Dallagnol’s conviction was based on a new hypothesis of punishment, which does not exist in Brazilian law, and therefore the Legislature should not accept it. “This new hypothesis invaded the competence of the Legislative Power, it is up to [a ele] care for its competence, cannot accept [a cassação]”, he completed. The jurist also pointed out that the law must always be interpreted for the benefit of the accused, which did not happen in the case of Dallagnol.

Ives Gandra’s opinion was shared by Modesto Carvalhosa, also a jurist. He stated that the law cannot serve to persecute people or institutions. Carvalhosa said he was surprised that the Regional Electoral Court of Paraná, the state that elected Dallagnol, had not expressed its opinion earlier on the hypothesis that the former coordinator of the Lava Jato task force had asked for his resignation from office to avoid possible Disciplinary Administrative Proceedings, which would make him ineligible. “It’s not up to the judge to presume a prosecutor’s intent in resigning to run for office,” he said. Carvalhosa added that “the TSE destroyed the principle of the presumption of innocence by enacting a new rule of ineligibility”.

He suggested that the Chamber prepare a Legislative Decree to clarify the attributions of the Electoral Justice, and show that it does not accept what he classified as a “legal aberration”.

Deltan Dallagnol’s lawyer, Leandro Souza Rosa, reaffirmed that the decision of the Superior Electoral Court (TSE) on the impeachment of the deputy is very serious, not only for curbing the will of Paraná voters, but also for going against understandings of the Court itself. Electoral. “Nobody at any time said that there was fraud, now at that moment it is peculiar that, after exhausting the possibilities of defense, the TSE took the opportunity to look at the merits of the processes from afar, to extract a virtual projection from there to say that there was fraud”, completed.

Dallagnol delivers defense to the Chamber

Deputy Deltan Dallagnol accompanied the hearing at the Plenary of the Financial Inspection and Control Commission, and once again stated that he was persecuted for fighting corruption in Brazil. This Tuesday, he presented his defense to the Corregedoria of the Chamber of Deputies, in writing, after being notified, last week, via the Official Gazette of the Union, of the decision of the Electoral Justice.

In 17 pages, the defense claimed that there was a misinterpretation of the law “by understanding that the request for dismissal prior to the establishment of the PAD would, in itself, be a fraud against the law, the TSE inaugurated a kind of fight against “fraud to fraud the law”. The objective parameter posited by the National Congress to assess frauds to the law was subjectivized by the Judiciary, which made it, of course, devoid of any institutional support. The fight against the squared fraud of the law was raised, but in an ad hoc way and without precedent”.

The defense also asks that the Chamber await the pronouncement of the STF before canceling the mandate of the federal deputy. Upon receipt of the defense, the General Internal Affairs of the Chamber will prepare the process, which is forwarded to the Board of Directors. Until the final decision of the House, Dallagnol continues to exercise the mandate of federal deputy.

testimony to the PF

Dallagnol said he was notified to give testimony to the Federal Police, without being told in the subpoena about which process, under what condition and disrespecting his prerogatives as a parliamentarian to set a time and date for the testimony. “If I had embezzled millions, I would be free and with a mandate, but, as I acted against the system, a police persecution begins”, lamented Dallagnol.

Once again, the deputy called on society to express its dissatisfaction. Several demonstrations are scheduled in support of the parliamentarian on June 4.