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The CNMP (National Council of the Public Ministry) on Tuesday (8) sanctioned the prosecutor Deltan Dallagnol, former coordinator of Operation Lava Jato in Paraná, with the sentence of censorship. The councilors understood, by 9 votes to one, that Deltán went beyond the limits of simple criticism and had the intention of meddling in the leadership of the Legislative Power.
In practice, the punishment of the CNMP will appear on the functional sheet of the member of the MPF (Federal Public Ministry) and will be considered in career progressions or future positions.
The case is the result of a representation in which Senator Renan Calheiros (MDB-AL), investigated in Lava Jato, accused Deltan of breach of decorum. It was decided after the minister of the STF (Federal Supreme Court), Gilmar Mendes, accepted the request of the AGU (Advocacia-Geral da União) and suspended the decision of the minister Celso de Mello that prevented the trial, which was released to resume .
Calheiros alleged that the former Lava Jato coordinator took to social networks to attack him and try to interfere in the election of the presidency of the Senate in 2019, which would constitute an act of a political party, vetoed from members of the Public Ministry.
According to the senator’s representation, Deltan pointed out that the victory of the emedebista would make it difficult to vote on legislative matters to combat corruption.
“The members of the Public Ministry must refrain from political demonstrations, since this compromises the exemption and credibility,” said the rapporteur, counselor Otávio Rodrigues.
“To reduce this case to a debate on freedom of expression is to ignore the immense risks for democracy, when the doors are opened for unelected, permanent and immovable agents to dispute spaces, narratives and, ultimately, power with agents elected “.
In addition to the speaker, eight councilors voted for the punishment: Otávio Luiz Rodrigues Júnior, Oswaldo D’Albuquerque, Sandra Krieger, Fernanda Marinela, Luciano Nunes Maia, Marcelo Weitzel, Sebastião Caixeta, Luiz Fernando Bandeira de Mello Filho and Rinaldo Reis.
The only vote in favor of Deltan was that of the director Silvio Amorim. The Deputy Attorney General of the Republic, Counselor Humberto Jacques de Medeiros, chaired the session and declared himself suspected of voting.
The CNMP is an external control body of the Public Ministry and its members. Its functions include disciplinary supervision.
It is made up of members of the Public Ministry, judges, lawyers and two citizens appointed by the Chamber of Deputies and the Senate.
The case was to be analyzed by the CNMP last month, but was removed from the agenda by decision of STF minister Celso de Mello, in response to an appeal from Deltan.
The prosecutor alleged irregularities in the procedural process, arguing, among other aspects, that the broad right of defense had not been guaranteed.
Last week, after an appeal from the AGU (Advocacia-Geral da União), Gilmar announced the resumption of the analysis of the case. Representing the interests of the CNMP, AGU even argued the risk of prescription.
Gilmar judged the request because there is a rule in the STF for license cases, when the rapporteur is replaced by the oldest colleague in the collegiate to which he belongs. Celso left for health reasons, and it was up to Gilmar to take the appeal in the 2nd Panel of the court.
In a note on Sunday (6), members of the Lava Jato working group in Paraná spoke about Gilmar Mendes’ decision that allowed the trial to resume.
According to prosecutors, the STF minister disregarded the risks that the decision represents “for the principles of due legal process, prohibiting double punishment and violating freedom of expression.”
At the beginning of the trial on Tuesday there was a debate on the lack of a personal summons in the defense of the prosecutor, but the CNMP understood that Gilmar’s decision returned the case to the stage prior to the suspension, so it was considered a summons to the lawyers.
The rapporteur for Renan’s representation, counselor Otávio Rodrigues, said that the CNMP has the competence to initiate disciplinary proceedings.
One of Deltan’s allegations to request the case file was the fact that the correctional organs of the MPF (Public Ministry of the Federation) released him from punishment in the episode, eliminating the need for a more in-depth analysis by the city council.
Gilmar’s decision was valid for another proceeding against the prosecutor in the CNMP, as a result of the representation of Senator Kátia Abreu (PP-TO).
The parliamentarian requests that Deltan be transferred to another unit of the MPF (Federal Prosecutor’s Office), ceasing to act in Lava Jato, due, among other arguments, to the large number of disciplinary complaints to which it responds in the CNMP.
In this case, there was an object loss. After six years working in coordinating the task force, Deltan left Lava Jato last week under the justification of spending more time with the family.
At the end of August, the CNMP filed a complaint by former President Luiz Inácio Lula da Silva (PT) against Deltan and two other members of Lava Jato in Curitiba in the PowerPoint episode.
A determining factor in the decision of the board was the fact that the sanctioning claim in the case, in the opinion of the directors, is approaching the statute of limitations, so it is not necessary to open an administrative sanctioning process against the three members of Lava Jato.
10 of the 11 current members of the council voted against the opening of the case – 8 of them, however, considered that there were elements for the opening of the procedure if not the statute of limitations.
Former President Lula accused Deltan and prosecutors Roberson Pozzobon and Júlio Noronha of abuse of power and of exposing former president and former first lady Marisa Letícia to public shame.
In September 2016, the working group called a press conference to detail the complaint sent to the Justice against PT in the case of the Guarujá (SP) triplex and used a PowerPoint presentation to show the former president as the head of an organization criminal.
This Tuesday the CNMP was expected to analyze a request to open a case against the prosecutor Diogo Castor de Mattos, a former member of Lava-Jato in Curitiba, but it was removed from the agenda. There is no provision for the case to be resumed. .
Mattos is accused of wrongdoing for having hired a billboard honoring members of the task force and leaving it in 2018 after the case was revealed.
The defense of Deltan Dallagnol will appeal to the STF (Federal Supreme Court) against the ruling of the CNMP (National Council of the Public Ministry) this Tuesday (8) in which the body imposed the sentence of censorship on the prosecutor in a case motivated by a complaint of Senator Renan Calheiros (MDB-AL).
The defense will wait for the publication of the sentence of the sentence to provoke the court, which should happen in about 10 days.
The trend is that on that date, Minister Celso de Mello, who is discharged from the Supreme Court for health reasons, has already returned to court. The magistrate’s return is scheduled for August 11.
This could favor the prosecutor since Mello even ordered the suspension of all actions in the CNMP against the now ex-coordinator of Lava Jato in Curitiba. This Tuesday’s trial was only released because Minister Gilmar Mendes amended the decision of his fellow magistrate last week.
Alexandre Vitorino, Dallagnol’s lawyer, denounces that the defense was not even summoned to the CNMP session on Tuesday.
“A session was held without the defense having been duly summoned. The truth is that the defense was not duly summoned or the decision of Minister Gilmar Mendes that served as the basis for the trial to take place. This makes the trial be irregular, “he says. Vitorino.
In addition, the lawyer also denounces that on August 17, when Celso de Mello ordered the suspension of the process in the town hall, new documents were added to the case. And according to Vitorino, the defense did not have the opportunity to speak about them. We are a family owned and operated business.
