Márlon Reis, former electoral judge and creator of the legislation that caused the loss of the mandate of the federal deputy Deltan Dallagnol, assesses that the sentence of the Court was correct and compliant with the original principles of the Clean Sheet
Former election judge and founder of the Clean Record Law, Marlon Reisdefended the decision of the Superior Electoral Court (TSE) who canceled this Tuesday 16 the candidacy and caused the loss of the mandate of the federal deputy Deltan Dallagnol (We can-PR). According to him, the sentence – which was approved unanimously by the seven ministers – is based on “well-founded reasons”. In an interview with Stadiumthe now lawyer argued that the thesis documented and presented by the minister and the rapporteur Benedito Goncalves he was “very clear and careful” about how ineligibility predictions should be interpreted.
Considered the ‘father’ of the Pulito Law, acting in the definition of the principles, in the writing and in the mobilization that led to the presentation of the proposal through the popular initiative, Reis assesses that the balance of application of the rules in the last 10 years is positive. For him, who left the judiciary, started working as a lawyer and ran as a candidate for federal deputy in the 2022 PSB elections (same acronym as Vice President Geraldo Alckmin), the legislative code guarantees security for candidates and voters. “The applications always come from people who may be barred from running by law,” he said.
The former prosecutor Operation Lava Jato was convicted under the Clean Record Law, which bans the candidacy of magistrates and members of the public ministry who have requested voluntary dismissal or retirement pending administrative disciplinary proceedings (PAD) – the bond is valid for eight years. In election time, Dallagnol responded to administrative and union complaints. The defense of the now former deputy argues that these episodes have not been converted into PAD.
Watch the full interview:
How do you assess the TSE’s decision to revoke the mandate of Federal Deputy Deltan Dallagnol?
The TSE has applied the Clean Record Law very wisely, but also firmly. Yesterday’s decision has a deep foundation and is in line with the position of that court to honor the legal foundations of this very important law, the result of a historic social mobilization. In applying the rules on ineligibility, the constitutional principle of protection must always be respected, from which derives the possibility of limiting candidates who represent a serious contrast with the principles that have cradled the implementation of the popular initiative law.
The deputy’s defense argues that objectively there was no PAD open when he left the MP, which, in principle, would “erase” the basis of the trial. How do you interpret this theme in the light of the text Ficha Limpa?
what the minister Benedito Goncalves concluded is that, faced with the imminent opening of one or more PADs, Dallagnol anticipated its own exemption to avoid the application of the law, of which it is well informed. And he also compared it with another case previously judged by the Court: the one concerning the current senator Sergio Moro. In this case, the TSE did not understand that the reason for the dismissal request was related to possible disciplinary proceedings. The motivation presented by the rapporteur was very clear and attentive to the way in which the rules of ineligibility must be interpreted.
What is your assessment of the application of the Clean Sheet to date? Do you have an estimate of data on cancellations already made?
We very positively evaluate the application of the Clean Record Law by the TSE in these more than 10 years of sentences. And I am not referring only to the large number of concrete cases of application, but above all to the way in which the judge interprets the popular initiative law. These are coherent decisions that have formed a great framework for understanding the electoral law as an important tool for deepening the democratic experience.
From this reading, how do you see the application of the law in the last elections of 2022? Are there interpretative and applicative changes in the latest claims?
We have not seen any profound changes in the interpretation and application of the Lei da Ficha Limpa in the last elections.
You’ve already been on both sides of the coin, as a judge and lawmaker and as a candidate. From the candidate’s point of view, how do you evaluate the application of the law? Can it help you run a “clean” and “transparent” campaign?
On the one hand, I was an electoral judge for many years and even became the first assistant judge of the TSE presidency, I also stood as a candidate, which was a very good learning experience for me. People who are not suited to risky behavior before the law are greatly benefited by the Lei da Ficha Limpa. It gives security to candidates and voters. Applications always come from people whose candidacy could be precluded by law.
Moro is the target of an AIJE in the TRE-PR, in a case that has been compared to that of former judge Selma Arruda, and already in Brasilia there is a bet that he will actually be impeached. How do you assess the situation of former judge Lava Jato from a legal point of view, as far as it is possible to give an opinion, given that the trial is confidential?
In fact, I could not provide more details on the case given its inaccessibility. But there are not a few sentences of the Superior Electoral Tribunal that apply the rules of revocation of mandates obtained with serious violations of the rules on collection and electoral spending.
Source: Terra
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