Difficult days for Dallagnol: STJ maintains convictions and STF

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Corpus Christi probably won’t be the best holiday of Deltan Dallagnol’s (Podemos-PR) life. The ex-prosecutor of the Republic and former federal deputy suffered two harsh defeats in court on Wednesday (7): he will remain without a mandate in the Chamber and will have to reimburse the public coffers for amounts improperly spent on per diems and airline tickets in the period in who was a prosecutor for Operation Lava Jato.

The first defeat of the day came from the Federal Supreme Court (STF). The impeached deputy filed an appeal with the Supreme Court to reverse the decision to suspend his mandate, which had been confirmed by the Chamber the day before, ratifying the decision of the Superior Electoral Court (TSE) on the last day 16.

The impeachment, decided unanimously by the TSE, was due to an understanding that the now former parliamentarian tried to circumvent the Clean Record Law when he asked for dismissal from the position of prosecutor while responding to disciplinary proceedings opened to investigate his conduct during Lava Jato.

Upon leaving the Federal Public Ministry (MPF) in 2021, Dallagnol had 15 lawsuits against him in progress. In addition, he had already received censorship and warning sentences applied by the National Council of the Public Ministry (CNMP).

“From what is in the judgment handed down by the TSE, there is no flagrant illegality, abuse of power or teratology. On the contrary, the judgment in question is duly substantiated, being justified the conviction formed, in particular, in precedent of the Supreme itself” , highlighted Justice Dias Toffoli, of the STF, in his decision on Wednesday.

Reimbursement to coffers

Still on Wednesday, Dallagnol received news of yet another setback in court. By 6 votes to 5, the Superior Court of Justice (STJ) determined the maintenance of the conviction of the former prosecutor for undue expenses with airline tickets and per diem at the time of Lava Jato.

The STJ followed the understanding of the Federal Court of Auditors (TCU), which in 2022 stated that the operating model of the operation task force generated losses of BRL 2.8 million to the public coffers. As a reference, the triplex in Guarujá (SP), attributed to Lula and which led to one of the president’s convictions, was valued at R$ 2.2 million. The conviction was later overturned.

The TCU’s decision had been suspended by the Federal Court in Curitiba, after an appeal by the former prosecutor’s lawyers. The Union, then, appealed, and the STJ determined the resumption of the process. In addition to Dallagnol, former attorney general Rodrigo Janot and attorney João Vicente Romão were convicted.

Editing: Thalita Pires





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