Deltan's Senate candidacy rejected by TSE; votes will be null

The candidacy of Deltan Dallagnol for the Senate by Paraná was rejected by the Minister Floriano de Azevedo Marques, of the Superior Electoral Court (TSE), in an individual decision taken on Saturday (3), the eve of the first round of the 2026 elections. The minister also determined that the votes allocated to the plate are considered null and void.

The decision reverses the understanding of the Regional Electoral Court of Paraná (TRE-PR), which had authorized the registration of Dallagnol, candidate for the New, by 4 votes to 3.

Despite the decision of the TSE, the name and number of Deltan Dallagnol continue to appear normally in the electronic ballot boxes on Sunday (4). This is because the equipment had already been prepared and sealed before the decision.

According to the understanding adopted by Minister Floriano de Azevedo Marques, however, the votes destined for the ballot shall be considered null and void in the count.

The decision is monocratic, i.e. it was taken individually by the rapporteur of the case. The case will still have to be considered by the plenary of the Superior Electoral Court.

Defense announces attempt to reverse decision

After Deltan Dallagnol's candidacy was rejected, the defense said it was working to try to reverse the decision.

In a public demonstration, Dallagnol called the measure the “greatest electoral violence in the history of Brazil” and called on his voters to keep voting. The statement represents the position of the candidate and his campaign in the face of the court decision.

The appeal against the candidacy was filed after the TRE-PR authorized Dallagnol to contest one of the Paranaense vacancies in the Senate. Among the authors of the measures are the Brazilian Federation of Hope, formed by PT, PCdoB and PV, and the coalition Paraná for All.

On Friday (2), before the minister’s decision, the Electoral General Prosecutor’s Office had expressed itself in favor of maintaining the Dallagnol register. The understanding of the Electoral Prosecutor’s Office was that the eligibility conditions should be re-examined for the 2026 elections.

The campaign was already suspended.

Before the refusal of the registration, Dallagnol was already prevented from carrying out electoral campaign acts.

On September 19, Floriano de Azevedo Marques granted an injunction suspending the candidate’s activities while TSE was analyzing the appeal against the registration.

The measure prohibited, among other actions, the receipt and use of public resources from party and electoral funds, the broadcasting of propaganda on radio and television and other campaign acts.

Subsequently, the plenary of the TSE maintained the suspension.

Case originates from the 2023 cassation

The discussion on Deltan Dallagnol’s candidacy is related to the decision taken by TSE himself in 2023, when the registration of his candidacy for federal deputy in the 2022 elections was broken.

At the time, the Court held that Dallagnol left the Federal Public Prosecutor’s Office while administrative procedures existed that could result in punishment and, consequently, produce effects provided for in the Ficha Limpa Law.

Dallagnol had been elected federal deputy by Paraná in 2022 and even took office before the final trial of the case. After the decision of TSE, he lost his position.

In the 2026 elections, he again asked for registration, this time to contest a seat in the Senate for Paraná. The TRE-PR authorized the candidacy by a narrow majority, but the decision was challenged in the Superior Electoral Court.

With the decision taken on Saturday, the registration was again denied. As the pronouncement is individual, the judgement by the collegiate of TSE may still modify or confirm the understanding adopted by the rapporteur.

 

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