To avoid the statute of limitations, Gilmar releases MP Council ruling against Deltan ex-Lava Jato



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From Correio Braziliense:

Deltan dallagnol

Minister Gilmar Mendes, of the Federal Supreme Court (STF), released the National Council of the Public Ministry (CNMP) to resume the trial of two disciplinary proceedings against the Prosecutor of the Republic Deltan Dallagnol, coordinator of the Lava Jato working group in Paraná. The actions had been fought in August by the dean, Minister Celso de Mello.

Gilmar said he made the decision because Celso de Mello’s medical discharge is expected to end on September 11, one day after the statute of limitations for the two cases against Deltan. This week, the prosecutor announced that he was leaving the Lava Jato working group in Paraná to dedicate himself to his family.

“This is the concrete and imminent risk of prescription of the punitive claim related to the disciplinary sanction of censorship,” said the minister. “It is emphasized that we are not talking about a conviction or the direct imposition of a penalty, but only about the trial of the case at a level of knowledge not reached by the preliminary route.”

Gilmar also noted that the suspension of the trial could cause “more serious and extensive damage” than if it were carried out. “The non-trial of an eventually guilty defendant is a more serious situation than the trial and acquittal of an eventually innocent defendant,” the minister wrote.

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