Appeal by Zeca Dirceu contests order to delete post about former Lava Jato prosecutor
The Minister of the Federal Supreme Court, Gilmar Mendes, was as rapporteur of a constitutional complaint by the federal deputy (PT-PR). The action challenges a court decision that determined the removal of a post about the ineligibility of the former federal deputy (Novo).
Dirceu published, on March 26, that Dallagnol was “criminal” and would be “ineligible for 8 years”, according to the case against him in the Regional Electoral Court of Paraná. Access the of the TRE decision (PDF – 587 kB).
Novo do Paraná requested the removal of the posts, stating that there was “practice of negative early electoral propaganda“. The TRE complied and decided to impose a fine. Zeca Dirceu filed a constitutional complaint with the STF. Gilmar Mendes became rapporteur through a lottery.
Zeca claims that the TRE’s decision constitutes censorship, a violation of freedom of expression and parliamentary immunity. He says that the statement made about Dallagnol’s ineligibility is true.
LAVA JATO
Gilmar Mendes is a historical critic of the Lava Jato operation, for which Dallagnol was a prosecutor. stating that Curitiba “got a bad reputation” due to episodes involving judge Sérgio Moro and Dallagnol.
Dallagnol was elected federal deputy for Paraná in 2022 with 344,917 votes. His candidacy registration was revoked on May 16, 2023.
In the vote, rapporteur Benedito Gonçalves argued that the former congressman anticipated his departure from his position as prosecutor in Paraná to avoid an administrative punishment from the CNMP (National Council of the Public Ministry), which could make him ineligible.
ELIGIBILITY
Pre-candidate for the Senate for Novo, Dallagnol is experiencing a legal dispute surrounding his eligibility. O Poder360 the Superior Electoral Court to ask if Deltan is ineligible.
The Court responded with the full article that says that “the conditions of eligibility and the causes of ineligibility must be assessed at the time of formalizing the candidacy registration, without prejudice to the recognition by the Electoral Court, ex officio or upon provocation, of supervening factual or legal changes that remove or extinguish ineligibility”.
In other words, it implies that Deltan’s eligibility or ineligibility is subject to change if the Electoral Court so decides.
Deltan’s defense stated that the former deputy is eligible. He said that the TSE rejected the registration of the candidacy, but did not declare ineligibility.
For the lawyer a specialist in electoral law and who acted in the action that resulted in the revocation of his candidacy registration, the 2023 trial consolidated the understanding that Deltan Dallagnol left his position to prevent the advancement of disciplinary investigations at the CNMP.
