Understand in 5 points the impeachment of Deltan by the TSE – 05/17/2023 – Power

The former coordinator of Operation Lava Jato and federal deputy Deltan Dallagnol (Podemos-PR) lost his mandate on Tuesday (16), as decided by the TSE (Superior Electoral Court) unanimously.

It was taken after a representation was presented by the Associação Brasil da Esperança, composed of PT, PC do B and PV, and by the PMN, alleging the impossibility of the then prosecutor leaving his career in the Public Ministry because he responded to a series of investigations in the body.

The impeached parliamentarian can still appeal to the STF (Federal Supreme Court). He said he was outraged by the TSE’s decision and that an “unprecedented revenge” is underway in Brazil against “agents of the law who dared to fight corruption”.

Understand the unfolding of the case in five points:

Why did Deltan lose his mandate?

The ex-prosecutor of the Republic lost his mandate because the TSE made his candidacy registration invalid. This means that Deltan could not have run for office or received votes because he responded to investigations and other processes with the CNMP (National Council of the Public Ministry).

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 Prosecutor’s Office who requested “voluntary dismissal or retirement pending administrative disciplinary proceedings”. If configured, ineligibility is for a period of 8 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 move similar to that of former Lava Jato judge and now Senator Sergio Moro (União Brasil-PR).

What was the procedure for the representation filed against the former prosecutor?

The parties that presented the representation started with the TRE-PR (Tribunal Regional Federal do Paraná), which dismissed the requests as unfounded at the time and authorized Deltan’s diplomacy – the procedure attested to the more than 340 thousand votes received and allowed the inauguration in the mandate .

The PGE (Electoral Attorney General’s Office) had understood that administrative processes are different from preliminary investigations, thus opting for Deltan’s registration.

The acronyms then lodged an appeal with the TSE, asking for the analysis of the case by the superior court. Benedito Gonçalves accepted the prosecution’s arguments and voted to revoke his mandate, followed by all the other ministers of the electoral court.

What does Deltan say about the case?

After losing his mandate, Deltan said he was outraged by the court’s decision, claiming that there is an “unprecedented revenge” in Brazil against those who, according to him, fight corruption.

“344,917,000 voices from Paraná and millions of Brazilians were silenced tonight with a single stroke of the pen, in defiance of the law and justice. fight corruption.”

“But no obstacle will stop me from continuing to fight for my life purpose of serving God and the Brazilian people”, concluded in a note the former coordinator of the Lava Jato task force

Is there a possibility of reversing the cancellation?

The decision can only be reversed if Deltan appeals to the STF, and the court sees some unconstitutionality in the cassation. If the Brazilian Supreme Court considers the deliberation constitutional, the loss of mandate is effected by the TRE of Paraná.

The ex-prosecutor can still file embargoes of declaration at the TSE, asking for clarification on the decision taken. These instruments, however, do not alter the decision in any way, and serve, in practice, to delay the effectiveness of what was decided by the electoral court.

What is the repercussion of the case?

While Deltan’s allies were surprised by the verdict, supporters of Luiz Inácio Lula da Silva (PT) celebrated the decision and mocked the former Lava Jato coordinator.

Sergio Moro said, on his social networks, that he received the news of the loss of mandate with sadness and said he was appalled, “to see outside Parliament an honest voice in politics that has always been in search of improvements for the Brazilian people”.

The president of the PT, the federal deputy also for Paraná Gleisi Hoffmann, celebrated the impeachment of the mandate, said that now the parliamentarian has “a PowerPoint to call his own”, in reference to a slide presentation made by the former prosecutor in 2016 about Lula’s first complaint in Lava Jato.

The Minister of Justice, Flávio Dino (PSB), used a biblical phrase to mock Deltan’s condition. “About the trial held today at the TSE, I remembered a biblical text, which I dedicate to President @LulaOficial: “Blessed are those who hunger and thirst for justice, because they will be satisfied!”, he tweeted.