Deltan Dallagnol has a deputy mandate unanimously revoked by the TSE

CANCELLATION

Deltan served as head of the Lava Jato Operation task force in Curitiba

Unanimously, the Superior Electoral Court (TSE) decided this Tuesday (16) to revoke the mandate of federal deputy Deltan Dallagnol (Pode-PR).

Deltan served as head of the Operation Lava Jato task force in Curitiba and, after leaving office, he was the most voted deputy in Paraná in the 2022 elections, with 344,000 votes. The decision can be appealed, but Deltan Dallagnol will have to leave the elective position, occupied for three months.

The decision must be complied with immediately and the votes received by the parliamentarian in the election will be computed for the legend.

Deltan’s eligibility was contested by the federation formed by the PT in the state and the deputy candidate Oduwaldo Calixto (PL). Before reaching the TSE, Deltan’s ineligibility was rejected by the Electoral Justice of Paraná.

Both maintained that the former attorney could not run for election because he had been condemned by the Federal Court of Accounts (TCU) in the case of daily payments to the task force.

In addition, according to the indictment, Deltan could not have run for office either because he left the Federal Public Ministry (MPF) during the course of disciplinary administrative proceedings against him at the National Council of the Public Ministry (CNMP).

Rapporteur’s vote

The rapporteur of the process, Minister Benedito Gonçalves, voted for the removal of Deltan Dallagnol’s mandate.

The minister said that the former prosecutor asked for his resignation from the MPF on November 3, 2021, when he had already been condemned by the CNMP to censure and warning and still had 15 different procedures unfavorable to him in the body.

For the minister, Deltan’s goal was to make “a maneuver” to avoid losing his position and falling under the Clean Record Law.

“From the moment he was punished with a warning and censure, there is no doubt that they would be considered in PADs of other disciplinary infractions, approaching the penalty of dismissal”, he said.

According to the norm, members of the Public Prosecutor’s Office who have lost their position as a result of a judgment or who have asked for dismissal during the course of a disciplinary process are ineligible for a period of eight years.

The rapporteur also pointed out that, according to the electoral law, Deltan could only leave the MPF six months before the elections to participate in the election. “The respondent acted to defraud the law, since he practiced a series of acts to prevent disciplinary proceedings against him, and therefore evade the ineligibility”, he concluded.

Defense

Lawyer Leandro Rosa, representing Deltan, said that the deputy was able to run in the elections and that the TCU’s decision against him was suspended by an injunction from the Federal Court in Curitiba.

The lawyer also stated that the ex-prosecutor’s request for dismissal was made after the CNMP provided a certificate confirming that there were no ongoing proceedings against him.

The defense confirmed that the former prosecutor received a warning and censure by the council, but the sentences were served and the proceedings closed.

“Deltan formalized his request for dismissal, because his supervisory body said he had no disciplinary proceedings open,” he said.

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