STJ opens the Judiciary year analyzing action that may make Dallagnol ineligible – 01/17/2023 – Panel

The Special Court of the STJ (Superior Court of Justice) will open the year of the Judiciary analyzing an appeal that may open the way to make the elected federal deputy Deltan Dallagnol (Podemos-PR) ineligible.

On February 1st, the analysis of an internal grievance is scheduled and, subsequently, a representation of the AGU (Attorney General of the Union) to reestablish the conviction of the TCU (Court of Audit of the Union) for irregularities in the expenses of the task force of the Car wash.

On December 6, the Federal Court annulled the TCU ruling that had condemned Dallagnol to reimburse the public coffers for expenses with per diems and tickets at the time he coordinated the task force of the Federal Public Ministry in Operation Lava Jato.

It was the second decision of Justice in Paraná trying to stop the process. The first had been overturned by the STJ itself in June, as it understood that the TRF-4 (Federal Regional Court of the 4th Region) had no competence to interfere with the performance of the court of accounts.

The AGU argues this time that the suspension of accountability that investigates abuses in Operation Lava Jato disrespects a STJ decision and needs to be annulled.

“The aforementioned decision prevents the exercise in its fullness of the constitutional competence granted to the Federal Court of Auditors to judge the accounts”, he argues.

The Second Chamber of the Federal Court of Auditors (TCU) determined in August 2022 that the former Attorney General of the Republic Rodrigo Janot, Dallagnol and the former Chief Attorney of the Attorney General’s Office in Paraná João Vicente Beraldo Romão return more than R$ 2.8 million to the treasury for expenses incurred during the Lava Jato operation.

In his vote, the rapporteur, Minister Bruno Dantas, highlighted that, among the irregularities found by the court, are the lack of grounds for choosing the model, violation of the principle of economy and offenses to the principle of impersonality, given the lack of criteria technical reasons to justify the choice of the task force’s management model.

As it is a collegiate decision, the conviction could frame Dallagnol in the Clean Record Law and make him ineligible. Experts who follow the case, however, differ as to whether the decision would retroact to prevent the mandate that begins in February of this year. The most likely, they estimate, is that the issue will be taken to the Electoral Justice.

Deltan was contacted, but there was no response until the publication of the note.

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