TSE requests opinion on Deltan's Senate candidacy for Paraná

Minister Floriano de Azevedo Marques, of the Superior Electoral Court (TSE), referred to the Electoral Public Prosecutor the process that questions the candidacy of Deltan Dallagnol (New) for the Senate by Paraná. The appeal reached the Court on Thursday (1st), three days before the vote scheduled for Sunday, October 4. According to the People’s Gazette, an opinion was requested within two days.

The new move leads to the TSE discussion on the registration approved by the Paraná Regional Electoral Court (TRE-PR). The suspension of the campaign had already been determined in another precautionary process, while the court awaited the analysis of the appeal against the candidacy.

The process was initially distributed by lot to the minister André Mendonça, but ended up referred to Floriano for prevention, due to his previous action in the case. The opinion of the Public Prosecutor’s Office precedes the judicial analysis and does not represent, in itself, a decision on the application.

Campaign remains suspended

Deltan remains prevented from conducting campaign acts, participating in debates and broadcasting electoral propaganda on radio and television. The restrictions also achieve the receipt and use of resources from the Party Fund and the Special Campaign Fund.

The measure was determined by Floriano on September 19 and subsequently held by the majority of the TSE. The suspension judgment, however, did not close the record review for this year’s election.

In the precautionary decision, the rapporteur pointed out a possible incompatibility between the authorization granted by TRE-PR and the understanding adopted by TSE itself in 2023, when Deltan's registration for federal deputy was broken.

Why the Candidate Is Being Questioned

The dispute involves the effects of Deltan’s withdrawal from the Federal Public Prosecutor’s Office in 2021. In judging his candidacy in the 2022 elections, TSE understood that the then prosecutor had requested exoneration to prevent ongoing proceedings from resulting in a punishment capable of generating ineligibility. The unanimous decision, taken in May 2023, caused the loss of the mandate of federal deputy.

For the 2026 election, the TRE-PR approved the registration by four votes to three. Among the grounds accepted by the majority were the archiving of preliminary proceedings without opening disciplinary administrative proceedings and the need to assess the eligibility conditions at each election.

The Brazilian Federation of Hope, formed by PT, PCdoB and PV, and the coalition Paraná para Todos contest this interpretation. In the injunction, they argued that the regional court unduly removed the effects of the previous judgment of TSE.

What can happen to the votes

The proximity of the vote increases attention to the judgment, but requires caution when explaining its consequences. A decision taken after the election does not automatically guarantee the final validity of the votes or the possession of the candidate.

Article 16-A of the Elections Law establishes that, when the registration is under judicial discussion, the validity of the votes allocated to the candidate is conditional on the referral by the higher authority. Therefore, the status of the registry and the content of the decisions of Justiça Eleitoral must be considered.

Read also: Elections 2026: see voting order and how to train

There is also a legal forecast of new elections when a decision by Justiça Eleitoral determines the refusal of registration, the cassation of the diploma or the loss of the mandate of an elected candidate in majority dispute, such as that of the Senate. The application of this rule to the case will depend on the electoral result and the judicial outcomes.

On Sunday, every Paraná voter will be able to choose two candidates for the Senate. The election will renew two of the three seats representing the state in the House.