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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 prescribing the punitive claim related to disciplinary censorship,” said the minister. “It is noteworthy 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 court order.”
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.
The next Council session before the statute of limitations against Deltan expires is Tuesday, September 8.
The decision was issued in an appeal filed by the Office of the Attorney General of the Nation (AGU), which warned about the risk that the lawsuits against Deltan expire without being tried. The AGU notes that the prosecutor had every right to defend himself in the process, including to be “notified in an adequate and timely manner” in all procedural acts.
The Lava Jato coordinator in Paraná appealed to the STF after the CNMP scheduled the analysis of two lawsuits filed by Senators Renan Calheiros (MDB-AL) and Katia Abreu (PP-TO). The cases would be heard on August 18, but were removed from the agenda after the dean’s preliminary decision issued the day before.
On the merits, Deltan asks the Supreme Court to block the two cases without trial. Both actions question Deltan’s conduct in relation to the publication on social networks and alleged attitudes of personal promotion. The lawsuit filed by Senator Renan Calheiros (MDB-AL) accuses the Lava Jato coordinator of allegedly influencing the elections for the presidency of the Senate last year, when Deltan made posts critical of Calheiros, who was running for office, in social networks. The dispute was won by Senator Davi Alcolumbre (DEM-AP).
The case presented by Senator Kátia Abreu (PP-TO), in turn, questions the agreement signed by Lava Jato Paraná with Petrobras to allocate R $ 2.5 billion recovered by the operation and that would be administered by a foundation of prosecutors .
When suspending the actions against Deltan in August, Celso de Mello pointed out that the dismissal of a member of the Public Ministry “must be supported by substantial evidence” and in process with “the full exercise of the adversary and broad defense.”
“We know that autocratic regimes, rulers without problems, corrupt citizens and authorities impregnated with an irresistible vocation towards the deconstruction of the democratic order itself fear an independent Public Ministry, because the Public Ministry, far from yielding to the designs of those in the power, both political and economic power or corporate power, or even religious power – has the superior perception that only the preservation of the democratic order and effective respect for the laws of this secular Republic are worthy of its institutional protection, “wrote Celso de Mello.
