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From the Legal Advisor’s website:
The lack of trial of a finally guilty defendant is a more serious situation than the trial and acquittal of a finally innocent defendant. With this understanding, Minister Gilmar Mendes, of the Federal Supreme Court, agreed to the request of the Attorney General of the Union, Augusto Aras, to stop all the effects of the mandate who had suspended an administrative disciplinary process (PAD) against the lawyer Deltan Martinazzo Dallagnol, pending before the National Council of the Public Ministry (CNMP). The decision is this Friday (9/4).
The PAD was constituted by the CNMP after the representation of Senator Renan Calheiros (MDB-AL), for whom Dallagnol, through publications on social networks, tried to influence the elections for the presidency of the Senate in 2019. At that time , the prosecutor pointed out that, if the emedebista were elected, it would be difficult for an anti-corruption reform to be approved.
Dallagnol appealed to the Supreme Court requesting the suspension of the process, which was granted by the rapporteur of the case, Minister Celso de Mello. Next, the AGU filed an interlocutory appeal, alleging the existence of a danger of reverse delay, since the punitive claim could expire next Thursday (09/10).
Thus, on the occasion of Celso de Mello’s medical leave, Gilmar Mendes made use of a provision of the Rules of the Court that authorizes the replacement of the rapporteur, since the medical leave ends, in principle, on September 11, after the deadline . mandatory.
IRONY
Gilmar Mendes opens his decision by citing an excerpt from Rui Barbosa on “collective hallucinations”: public irritation does not see the truth clearly, causing all the accusations against the accused to be echoed only by applause. To this extract, the minister compares another, from Dallagnol’s own work: “Our prescriptive system, added to the congestion of the courts, is a machine of impunity.” A machine that would be about to let him go unpunished. Again: in another case, the CNMP could not open a PAD against Dallagnol, since the penalty was already prescribed. The trial was postponed 42 times.
According to the decision of this Friday, according to the PAD rapporteur at the CNMP, the counselor Otavio Luiz Rodrigues Jr., the penalty applied to Dallagnol is censorship, which expires in one year. So, in fact, the 9/10. Dallagnol previously stated in the file that the prescription would only be on 09/10/2021, since the sanction would be suspension, which prescribes in two years.
“In view of this, I understand that the collided information added to the records generates uncertainty regarding the statute of limitations, a situation that justifies granting the countermeasure; the risk generated by the uncertainty regarding the statute of limitations is within the scope of the countermeasure requested by AGU, reaffirming the need for its concession, ”said Gilmar.
The STF minister also highlighted the seriousness of the charges against Dallagnol. “It seems to me that the greatest violation of due process in the present case would be precisely to prevent the trial of those aggravated by their peers, making it possible to resolve, finally, with the due verticality of the knowledge that the judgment of merit presupposes, the issues related to the case “, said.
The countermeasure granted by Gilmar Mendes is valid until the merits of AGU’s appeal are judged.
To read the minister’s decision, click here
