He understood that the content did not contain ‘autonomous creation of an untrue fact or imputation dissociated from the content actually decided by the Electoral Court’
The minister of the Federal Supreme Court (STF) Flávio Dino overturned the decision of the Electoral Court of Paraná which had determined the removal of a report on the ineligibility of former Lava Jato prosecutor Deltan Dallagnol. The measure also prohibited new publications on the topic and imposed a fine on the vehicle that carried the news.
“The determination to remove journalistic content, without due demonstration of its manifest illegality, constitutes a measure of an exceptional nature, which may imply prior censorship, prohibited by the Federal Constitution”, wrote the minister in the decision.
He understood that the content did not contain “autonomous creation of an untrue fact or imputation dissociated from the content actually decided by the Electoral Court”.
Dino suspended the fine and allowed the report to be circulated, but rejected the thesis that Novo, Dallagnol’s party, is committing judicial harassment by taking multiple actions against journalists who addressed his ineligibility. According to the minister, “the mere plurality of legal actions, in itself, is not sufficient to constitute the so-called judicial harassment”.
The action that led to the suspension of the report was filed by Novo on the grounds that the publication constituted early negative electoral propaganda. The Regional Electoral Court of Paraná (TRE-PR) accepted the request and ordered the removal of the content
Elected federal deputy in 2022, in May 2023. The Electoral Court understood that he requested dismissal from the position of the Federal Public Ministry (MPF) in advance to circumvent the rules of ineligibility and prevent administrative proceedings opened against him from advancing in the National Council of the Public Ministry (CNMP).
Under the Clean Record Law, Magistrates and members of the Public Ministry cannot launch candidatures if they have pending disciplinary proceedings when asking for dismissal or voluntary retirement.
To the newspaper Folha de S. Paulo, Deltan Dallagnol stated this Monday, the 11th, that “the final judgment of the 2022 candidacy registration does not automatically produce ineligibility for 2026” and that the TSE only issued a “certificate explaining the 2022 candidacy registration”, without having issued a decision declaring him ineligible. Deltan Dallagnol presents himself as a pre-candidate for the Senate for Paraná.
