Decision on Dallagnol creates new hypothesis in law, says Ives Gandra

The jurist Ives Gandra Martins said this Tuesday (30) that the decision of the Superior Electoral Court (TSE) to impeach deputy Deltan Dallagnol (Podemos-PR), for failing to comply with the Clean Record Law, created a new hypothesis in Brazilian law. .

The jurist participated in a hearing at the Chamber’s Financial Inspection and Control Commission. On the occasion, he also said that the decision against Dallagnol hurts the harmony and independence between the powers, defined by the Federal Constitution of 1988. Ives Gandra stressed that the function of the Judiciary is to be the guardian of the Constitution, and not to invade the competence of others powers.

According to him, in all fields of law, the law is always interpreted for the benefit of the accused, which did not happen in the case of Deputy Dallagnol. Ives Gandra also stated that with the decision to remove the deputy, the electoral justice condemned 346,000 Brazilians, who elected him as a representative in the Federal Chamber.

Ives Gandra assessed that the Board of Directors of the Chamber should await the result of the deputy’s appeals to justice before complying with the decision. That is, that the deputy must continue as holder of the mandate until a final decision of the STF.

Dallagnol, who was accompanying the meeting, stated that his defense will also follow this line. The jurist Horácio Mousinho also stated, during the hearing, that the TSE’s decision goes against the very precedents of electoral justice.