O Superior Tribunal de Justiça (STJ) decidiu nesta terça-feira (22), que o ex-procurador Deltan Dallagnol terá de indenizar o ex-presidente Luiz Inácio Lula da Silva por dano moral. Os ministros da quarta turma avaliaram que ex-procurador cometeu excesso em entrevista coletiva de 2016 ao usar ‘PowerPoint’ que definia Lula como chefe de organização criminosa. O processo chegou ao STJ depois de Lula sofrer duas derrotas na Justiça de São Paulo, que rejeitou o pedido de indenização por considerar que não houve excesso de Deltan.
A indenização decidida agora, por um tribunal das instâncias superiores da Justiça brasileira, foi fixada em R$ 75 mil, adicionados de juros e correção monetária. Segundo o ministro relator, Luís Felipe Salomão, o valor total da indenização deve superar os R$ 100 mil. Dallagnol pode recorrer da decisão no próprio tribunal.
Votaram a favor da indenização, além de Salomão, os ministros Raul Araújo, Antônio Carlos Ferreira e Marco Buzzi. A ministra Maria Isabel Gallotti divergiu dos colegas.
O caso envolve uma entrevista coletiva concedida pela Lava Jato em 2016 para apresentar a primeira denúncia contra o ex-presidente Lula. O Ministério Público acusou o petista dos crimes de corrupção e lavagem de dinheiro no caso do tríplex de Guarujá (SP).
Durante a entrevista, Deltan usou uma apresentação de PowerPoint em que o nome de Lula aparecia no centro da tela, cercado por expressões como “petrolão + propinocracia”, “governabilidade corrompida”, “perpetuação criminosa no poder”, “mensalão”, “enriquecimento ilícito”, “José Dirceu”, entre outros.
Lula afirma que o ex-procurador agiu de forma abusiva e ilegal ao apresentá-lo como personagem de esquema de corrupção, o que configuraria um julgamento antecipado.
Responsável pela defesa de Deltan, o advogado Márcio de Andrade afirmou que não houve violação da conduta funcional pelo então procurador.
“A entrevista foi concedida dentro do exercício regular de procurador da República. Os fatos foram apurados pela corregedoria da Procuradoria da República, e também pelo Conselho Nacional do Ministério Público, e também concluíram de forma uníssona: não houve excesso e não houve sanção administrativa”.
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