Toffoli denies Dallagnol’s request to suspend impeachment

The Minister of the Federal Supreme Court (STF) Dias Toffoli denied this Wednesday (7) the request of the defense of the impeached federal deputy Deltan Dallagnol (Podemos-PR) to suspend the decision of the Superior Electoral Court (TSE). Last month, the Electoral Court unanimously annulled Dallagnol’s mandate.

The defense of the former Lava Jato prosecutor appealed the decision to the STF. Toffoli, rapporteur of the action, considered that there was no irregularity in the judgment of the TSE.

“From what is in the ruling handed down by the Superior Electoral Court, there is no flagrant illegality, abuse of power or teratology. On the contrary, the judgment in question is duly substantiated, and the conviction formed, in particular, in precedent of the Federal Supreme Court itself is justified”, wrote the minister.

“According to the contested judgment, there was no extensive interpretation of the ineligibility clauses, but a factual finding of fraud, based on the abuse of the right of the voluntary act of dismissal of the applicant, prior to the very initiation of administrative proceedings, in order to thwart the incidence of the ineligibility regime. With these considerations, I reject the requested injunction”, decided Toffoli.

Defeat in the House

This Tuesday (6), the Board of Directors of the Chamber of Deputies confirmed the TSE’s decision on Dallagnol’s impeachment. The decision was taken at a closed Bureau meeting and has not yet been announced in plenary. After the Board’s decision, the removed deputy stated that the “Legislative Power decided to bow to the creation of the law by the Judiciary”.

“Once again, the Legislature has decided to bow to the creation of law by the Judiciary. Today [dia 6], the house of the people became against the will of the people. I fought and will fight until the end for voters. My crime was having defended my values, the truth and having sought to put corrupt politicians in jail for the first time in the history of Brazil”, said the parliamentarian this Tuesday.

The advice of Deltan Dallagnol (Podemos-PR) was contacted by People’s Gazette to comment on Toffoli’s decision, but until the time of publication he did not return. The space remains open.

Deputy of Podemos will take over from Dallagnol

Minister Dias Toffoli also decided in favor of Podemos and determined that Luiz Carlos Hauly (Podemos-PR) be sworn in as Dallagnol’s alternate. Before Toffoli’s decision, the Regional Electoral Court of Paraná had decided that the vacancy would go to Pastor Itamar Paim (PL-PR).

TRE-PR argued that with the recount of votes, none of the Podemos candidates had reached 10% of the electoral quotient. However, Podemos appealed to the STF and had the request granted by Toffoli.

“I grant, ad referendum, the preliminary injunction, to suspend PAD nº 10284/2023, and authorize the immediate diplomation of the then alternate, Luiz Carlos Hauly. The Regional Electoral Court of the State of Paraná and the Chamber of Deputies should communicate, urgently, through the most expeditious means”, wrote the minister.