Deltan has zero chance at STF to regain mandate – 05/18/2023 – Mônica Bergamo

The Federal Supreme Court (STF) will not reverse the impeachment of former federal deputy Deltan Dallagnol (Podemos-PR).

The information comes from different Justices of the Court, including those who believe that withdrawing the mandate of a parliamentarian is an extreme measure that should be avoided at all costs.

According to the judges, the STF will not change the decision taken by the Superior Electoral Court (TSE) for two reasons.

Firstly, because the Supreme Court does not usually reverse TSE votes, since three of its ministers are part of both courts at the same time.

That is, from the outset the convict who appeals to the STF already has three votes against him, with only three more to be defeated again.

Secondly, because, in the case of Deltan Dallagnol, the score of seven to zero was overwhelming, and did not open gaps for the discussion of new legal theses.

There is also a third reason: TSE decisions are not based on the interpretation of the Constitution, but based on facts and evidence.

The decision of the TSE for the impeachment was taken after a representation, presented by the Associação Brasil da Esperança, composed of PT, PC do B and PV, and by the PMN, under the allegation of the impossibility of the then attorney having left his career in the Public Ministry while answering to a series of investigations in the body.

The TSE accepted the arguments and made his candidacy registration invalid. This means that Deltan could not have run for office or received votes because it responded to investigations and other processes with the CNMP (Conselho Nacional do Ministério Público).

The authors of the representations claimed that Deltan anticipated his dismissal to get rid of 15 procedures that were in progress in the council and that could eventually motivate the opening of PAD (Disciplinary Administrative Process).

The basis of the accusation was the Clean Record Law, which provides for the ineligibility of members of the Public Ministry who requested “voluntary dismissal or retirement pending administrative disciplinary proceedings”. If configured, ineligibility is for a period of eight years.

According to the case’s rapporteur, Minister Benedito Gonçalves, Deltan left office early in order to circumvent a possible ineligibility, if the result of the administrative processes was contrary to him.

He resigned in November 2021 with plans to run for elected office, in a similar move made before by former Lava Jato judge and now Senator Sergio Moro (União Brasil-PR).

^{with BIANKA VIEIRA, KARINA MATIAS It is MANOELLA SMITH}

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