TSE revokes Deltan’s mandate, former coordinator of Lava Jato – 05/16/2023 – Power

The TSE (Superior Electoral Court) unanimously revoked the registration of the candidacy and, consequently, the mandate of federal deputy of Deltan Dallagnol (Podemos-PR), former coordinator of the Operation Lava Jato task force.

The action is the result of a representation by the Associação Brasil da Esperança (PT, PC do B and PV) and the PMN, who claimed that Deltan could not have left his career as a public prosecutor to enter politics because he responded to investigations, disciplinary complaints and requests for action at the CNMP (National Council of the Public Ministry). The CNMP oversees the functional duties of members of the Public Ministry.

Deltan resigned in November 2021 with plans to run for elected office, in a move similar to that of former Lava Jato judge Sergio Moro. He said it was a choice to “do more, do better and do differently in the face of the dismantling of the fight against corruption that is taking place”.

In a previous judgment, the TRE-PR (Tribunal Regional Eleitoral do Paraná) had rejected the requests of Deltan’s opponents and proceeded with diplomacy, the final stage of the electoral process that allowed him to take office in Congress at the beginning of the year.

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 8 years.

The disciplinary complaint is an investigative procedure for reporting a disciplinary misconduct attributed to a member of the Public Prosecutor’s Office. It may be filed if the fact does not constitute a disciplinary infraction or criminal offense, or the internal affairs department may open an investigation to deepen the investigation.

The authors of the representations alleged that the former Lava Jato prosecutor anticipated his dismissal to get rid of 15 procedures then underway in the council that could eventually motivate the opening of PADs —Deltan had responded to two PADs related to his performance, and to him In 2019, less serious sanctions, warnings and censorship were imposed.

Deltan’s opponents also cited the sanction imposed on the former prosecutor by the TCU (Union Court of Auditors), which condemned him to return R$ 2.8 million spent on airline tickets and per diem by the Lava Jato task force. The Federal Court in Paraná, however, overturned the sentence.

The Electoral Justice in Paraná understood that, at the time of the dismissal, Deltan was not responding to administrative disciplinary proceedings, although other procedures were being processed by the CNMP.

The PGE (Electoral Attorney General’s Office) opted for the registration of Deltan’s candidacy on the grounds that the figure of the PAD should not be confused with “the procedures for investigating the facts, such as the investigation, the disciplinary complaint and the request for measures, which are not able, by themselves, to generate the imposition of an administrative sanction”.

“These procedures may lead, rather, to the initiation of administrative disciplinary proceedings – this indeed provided for in the rule of ineligibility”, said the deputy PGE, Paulo Gonet Branco.

Rapporteur of the case at the TSE, Minister Benedito Gonçalves presented a vote with severe criticism of Deltan. He stated that the former prosecutor left office with the aim of circumventing ineligibility.

“The request for dismissal had the clear and specific purpose of circumventing the incidence of ineligibility”, said the minister. “That maneuver prevented the 15 administrative procedures being processed by the CNMP against him from leading to compulsory retirement or loss of office.”