TSE forms majority to maintain suspension of Deltan's campaign

The Superior Electoral Court (TSE) formed a majority to maintain the suspension of the campaign acts of Deltan Dallagnol, candidate for mayor of Curitiba by the Novo party. The decision, in a virtual trial, is a referendum to be granted by the Minister Floriano de Azevedo Marques, rapporteur of the case. The referendum continues until 23:59 this Monday (24), but the scoreboard already guarantees the maintenance of the precautionary measure.

The controversy began when the Paraná Regional Electoral Court (TRE-PR) deferred Dallagnol’s candidacy registration, even after his term as federal deputy was terminated in 2022. The TSE, however, held that the regional decision contradicted the consolidated case-law of the Court. With the injunction, the candidate is prohibited from carrying out campaign acts, such as walks, rallies and promotion of propaganda, although his name continues to appear in the electronic ballot boxes.

Understand the legal impasse

The lawsuit against Deltan in the TSE rescued the process of cassation of the registration of his candidacy in the 2022 elections, when the former prosecutor was the most voted federal deputy candidate of the Paraná. At the time, he had the record broken by the ministers of TSE, who understood that Deltan had requested an exoneration from the Federal Public Prosecutor's Office (MPF) to avoid investigations regarding disciplinary complaints opened in the National Council of the Public Prosecutor's Office (CNMP).

However, the TRE-PR dismissed the new registration on the grounds that the cassation in 2022 was restricted to that suit and that the subsequent filing of proceedings in the CNMP would constitute a new fact. The injunction of TSE suspended the judgment of TRE-PR, re-establishing the application of the previous case-law. Minister Floriano de Azevedo Marques pointed out that the regional court violated article 926 of the Code of Civil Procedure (CPC), which imposes on the courts the duty to maintain its jurisprudence stable, integral and coherent.

According to the rapporteur, there was no overriding factual or legal amendment that justified the disregard of the determining reason (ratio decidendi) unanimously set by TSE in the 2022 general election judgment. With this, most of the ministers followed the agreement, maintaining the suspension of the campaign until the definitive trial of the registration.

Defense criticizes 'unpublished' decision

Lawyer Leandro Rosa, who represents Deltan Dallagnol, stated that he sees with “strangeness” the monocratic decision of the rapporteur, since the application registration was dismissed with appeal by TRE-PR. In an interview, Rosa said that the ban on participating in campaign acts is “absurd”, mainly because the candidate is with deferred registration.

“The direct criticism is not of the minister, but of the unpublished. I do not believe that the court will maintain this limitation,” the lawyer said. The defense maintains that the suspension of the campaign, without the cassation of the registration, creates a situation of inequality in the electoral dispute, because the candidate is prevented from communicating with the electorate while the opponents follow normally.

Despite the suspension of the campaign, the name of Deltan Dallagnol should be in the ballot box, as predicted by the candidate himself. “I want to make one thing very clear: even if I am forbidden to campaign, my registration remains deferred and my name will be in the urn,” he said on social media. The declaration reinforces the strategy of keeping the application active, betting on a reversal of the decision in the merits judgment.

Virtual trial and next steps

The president of TSE, Nunes Marques, and ministers André Mendonça and Sebastião Reis have not yet voted. The referendum is held in the virtual plenary until 23:59 this Monday. Even if the remaining three ministers vote against the injunction, the scoreboard already formed guarantees the continuation of the suspension of the campaign.

The final decision on the application registration of Deltan Dallagnol has no set date yet. The process will follow for merit analysis, when the TSE will decide whether or not the former prosecutor can run for the city of Curitiba. Until then, the campaign is limited to the presence of the name in the ballot box and spontaneous disclosure by supporters, without official campaign acts.

The case generates repercussions in the Paraná, especially in Curitiba, where Deltan leads the polls of intention to vote. The legal indefinition can impact the electoral scenario, since the candidate is unable to carry out street activities and to promote content on social networks, essential tools in the municipal dispute.

For the voter, the situation brings uncertainty about the validity of the vote. If the registration is definitively terminated, the votes given to Deltan may be annulled, which would alter the outcome of the election. The TSE, however, has yet to comment on this scenario. The source did not detail the deadlines for the merit judgment.

The Boca no Trombone Portal will continue to follow the development of the case and will bring updates as soon as the virtual trial is completed. Meanwhile, the reader can check other news about the municipal elections in Paraná and in Brazil in our Politics publishing house.

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