The outcome of the decision by the National Council of the Public Prosecutor's Office (CNMP), which reviewed the behavior of Republic Attorney Deltan Dallagnola on Tuesday (13), put pressure on the Lava Jato case team in Parana. Deltan escaped the worst – they hoped that the council would be able to take two actions against him to get him out of the operation – but the coordinator of the target group suffered some defeats.
Deltan has been criticized for reporting in the press since early June about Telegram posts attributed to him and other members of Love Jato, including former judge and current justice minister Sergio Moro.
The prosecutor’s first defeat at CNMP was the dismissal of the appeal, which requested the suspension of disciplinary proceedings against the prosecutor. The process was launched after an interview with Deltan CBN Radio in 2018. He said a second-class judge of the Supreme Court (STF), Gilmar Mendes, Diaz Tofoli and Ricardo Lewandowski, formed a “clique” that passed a Polite message in favor of corruption in their decisions.
Minister Diaz Toffoli, the current president of the Supreme Court, was instigated to investigate Deltan's actions. Deltan called for a suspension of the case, but the consultants unanimously decided to reject the request of coordinator Love Jato. The procedure can lead to warnings, censorship of the prosecutor’s behavior, removal from office and, ultimately, to forced resignation.
Cancel Request – Defeat Deltan
Another failure imposed on the Lava Jet was a council request to reconsider the decision to dismiss the disciplinary complaint against Deltan in connection with alleged press reports from Telegram. The request for a review of the monocratic filing decision was made by advisers Eric Venancio Lima do Nascimento and Leonardo Axioli da Silva – both occupying vacancies at the Brazilian Bar Association (OAB).
They appealed against the monocratic decision of Orlando National Attorney Rachel Moreira, who rejected a request to launch an investigation against Deltan and other prosecutors. It is expected that a case will be prepared to identify a new speaker who will analyze whether a request should be made or a request should be made. The final decision will be made at the CNMP Plenary If the plenary does not decide to close the request again, the complaint could become a PAD.
The request for action was the first to come to the council after news agencies began to publish negotiations attributed to Deltan and other members of Lava Jato. When submitting the request, Rochadel emphasized that it is not possible to confirm the authenticity of the messages.
Deltan is still the subject of a disciplinary complaint filed by Senator Renan Calheiros (MDB), who accuses Deltan of improper interference in the Senate Board of Directors by campaigning on Twitter against the election of emedebista as President of the House. The argument of Deltan and other members of Lava Jato was that the election of Renan would be a failure in the fight against corruption, as it is the subject of STF investigations. In a stormy session that lasted two days, Renan Calheiros eventually withdrew, and David Alcolumbre (DEM), who is also the target of STF, was elected president of the Senate.
The complaint was to be considered at the meeting on Tuesday (13), but was removed from the agenda at the very beginning of the CNMP meeting and should be considered later. A complaint may also eventually become a PAD.
Former member of Lava Jato
Another defeat for Lava Jato was the creation of an internal affairs department against another member of the task force, prosecutor Diogo Castor de Mattos. He filed for removal from the task force in April this year, claiming that removal was a medical recommendation. Despite this, CNMP filed a disciplinary complaint against the prosecutor a few days later.
Toffoli's request was filed after Diogo published an article on the Antagonist portal criticizing the STF’s decision defining the jurisdiction of Electoral Justice to investigate and prosecute crimes committed simultaneously with Electoral Box 2, including corruption and money laundering. In the article, the prosecutor states that the Supreme Court is experiencing a “coup” against Lava Jato, and calls the ministers who voted for the competence of the Electoral Court “a silencing class”. Diogo also states that the Election Court has neither the structure nor the experience to investigate white-collar crimes.
On Tuesday (13), the CNMP plenary decided to open a PAD to investigate Diogo's behavior. The procedure may result in sanctions against the prosecutor. According to Attorney General Raquel Dodge, “freedom of expression has limits,” and it is necessary to find out if Diogo had any excesses in his criticism.
Bite and bump
Despite the setbacks Lava Jato faced at CNMP, Dodge defended the operation by opening a plenary. “We have resumed the activities of this National Council through the eyes of society,” said the prosecutor who heads the council.
“Brazil needs and needs a prosecutor who has the courage to resist corruption, this human addiction that destroys public resources, abuses due process and can ruin life projects and impede the realization of the right to health, housing, among many others that can worsen the environment, impede demarcation of indigenous lands and encourage the destruction of their goods, their cultures, their lives, "he added.
She also spoke about the extension of the work of the Lava Jato task force in Parana, authorized on Monday (12), for another year. “Yesterday, I announced the expansion of one of the most important areas of the federal prosecutor’s office,” Dodge said. According to the prosecutor, the task force "is one of the most important cases in the fight against corruption of public funds."
Despite support, Dodge warned prosecutors. “The Prosecutor General's Office supports the institutional actions of all its members to fulfill the mission [de combate à corrupção]“But for this, it is also necessary that the results of the activities of institutions are completely within the framework of the rule of law,” said the head of MPF.