The STF Minister understands that there was no illegality in the TSE decision
Former federal deputy Deltan Dallagnol (Pode-PR) continues with his revoked mandate. The politician asked for the decision of the Higher Electoral Tribunal (TSE) to be reviewed, but, this Wednesday 7, Minister Dias Toffoli denied the request. The Federal Supreme Court (STF) said the decision was not illegal.
“According to the sentence issued by the TSE, there is no flagrant illegitimacy, abuse of power or teratology. On the contrary, the sentence in question is duly motivated, and the sentence formulated, in particular, prior to the Supreme Court itself is justified”, wrote the minister.
On Tuesday 6 the Chamber of Deputies, through its Board of Directors, confirmed the decision of the TSE to revoke the mandate of the then deputy for his attempt to circumvent the Clean Record Law in the 2022 elections.
understand the decision
On May 16, the Electoral Tribunal unanimously decided to revoke the parliamentarian’s mandate due to the irregularity committed in requesting the removal from the post of public prosecutor during the proceedings for the ascertainment of disciplinary offenses at the National Prosecutor’s Council of the Republic (CNMP). Ministers understood that such trials could lead to punishment.
The Clean Record Law and the Ineligibility Law prohibit the candidacy of civil servants who leave the Judiciary or Public Prosecutor’s Office to avoid sanctions.
As established by the Constitution, the Board of Directors of the Legislative Chamber must declare the forfeiture of the parliamentary mandate when determined by the Electoral Justice. The process follows the guidelines defined by an act of the Chamber Council in 2009.
“The Chamber only observed if the legal formalities were respected. The merit was judged by the court, it was a declaratory act,” said Luciano Bivar (União-PE), one of the body’s four secretaries.
The Board of Directors of the Chamber of Deputies is responsible for conducting the administrative activity of the Chamber. It comprises the mayor, Arthur Lira (PP-AL), the first and second vice-presidents, Marcos Pereira (Republicanos-SP) and Sóstenes Cavalcante (PL-RJ), and four secretaries: Luciano Bivar (União-PE), Maria do Rosário (PT-RS), Júlio Cesar (PSD-PI) and Lucio Mosquini (MDB-RO). In addition, there are four alternates on the Board of Directors: Gilberto Nascimento (PSC-SP), Pompeo de Mattos (PDT-RS), Beto Pereira (PSDB-MS) and André Ferreira (PL-PE)
How does the loss of the mandate happen?
The process followed the procedure established by the Federal Constitution and Judicial Law no. 37/2009, which governs the declaration of forfeiture by the Board of Directors of the Chamber.
The case of Deltan Dallagnol falls within the hypothesis of forfeiture decreed by the Electoral Justice, where there is no decision on the merits by the plenary Chamber of the Chamber, but only the declaration of forfeiture by the competent body.
The Chamber’s analysis is limited to the formal aspects of the judicial decision, without going into the merits.
Dismissal from office for violation of decorum or for criminal conviction, for example, follows a different process, which requires the approval of the absolute majority of the Chamber of Deputies.
In these cases the decision is of a political nature and the Plenary decides on the loss of the mandate, taking into account the merits of the matter.
*With information from Agência Brasil
Source: Terra
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