STJ upholds TCU decision that condemned Dallagnol for Lava Jato charges

STJ upholds TCU decision that condemned Dallagnol for Lava Jato charges

Deltan Dallagnol, former head of the Lava Jato task force in Curitiba.| Photo: Albari Rosa/Gazeta do Povo

The Superior Court of Justice (STJ) decided this Wednesday (7) to uphold the conviction of impeached federal deputy Deltan Dallagnol (Podemos-PR), who must reimburse the values ​​of daily rates and airfares when he worked in the Lava Task Force Jet. The Court denied an appeal by the former prosecutor’s defense by 6 votes to 5.

Last year, the Federal Court of Auditors (TCU) understood that the model set up to keep the task force functioning was uneconomical and generated losses of R$ 2.8 million to the public coffers. With this Wednesday’s decision (7), the TCU can continue with the investigations on the case, as well as the convictions are valid.

In his defense at the time, Dallagnol said he was not responsible for creating the task force, which fell to Rodrigo Janot. He, through his defense, also stated that he was not the one who authorized the payment of daily rates and tickets. “He cannot be held responsible for these acts. He was a first instance attorney and did not even have a hierarchy to authorize these expenses. In addition, he was stationed in Curitiba and did not receive these per diems and tickets”, said, at the time, the lawyer Arthur Lima Guedes, who represents Deltan.

After this decision by the TCU, the Federal Court in Curitiba granted the request for an injunction by Dallagnol’s lawyers and suspended the conviction. Subsequently, Minister Humberto Martins, of the STJ, accepted the Union’s appeal and determined the resumption of the progress of the process at TCU, informed Agência Brasil. The STJ’s decision is yet another setback for Dallagnol. Earlier, Minister Dias Toffoli, of the Federal Supreme Court (STF), rejected a request to suspend the decision that revoked his mandate.

The ministers Humberto Martins, Francisco Falcão, Mauro Campbell Marques, João Otávio de Noronha, Isabel Gallotti and Antonio Carlos Ferreira voted to deny the appeal. The rapporteur and president of the STJ, Minister Maria Thereza de Assis Moura, voted to accept the defense appeal of the former prosecutor. The ministers Nancy Andrighi, Herman Benjamin, Raúl Araújo and Ricardo Villas Bôas Cueva accompanied the understanding of the rapporteur.

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