Decisão confirma a elegibilidade do candidato a deputado federal pelo Paraná
A Justiça Federal no Paraná acolheu manifestação do Ministério Público Federal (MPF) e suspendeu nesta segunda-feira (19) a condenação de Deltan Dallagnol (Podemos) no caso das diárias para investigadores da Lava Jato, julgado pelo Tribunal de Contas da União (TCU).
Na prática, a decisão confirma a elegibilidade do candidato a deputado federal pelo Paraná. No mês passado, em uma ação questionável, o TCU havia condenado o ex-procurador a devolver R$ 2,8 milhões em diárias pagas a outros procuradores da força-tarefa da operação.
Após ação anulatória apresentada por Deltan, o juiz Augusto César Pansini Gonçalves, da 6ª Vara Federal de Curitiba/PR, afirmou que a Justiça encontrou “manifestas e abundantes” ilegalidades no procedimento do TCU. O magistrado reconheceu a existência de indícios de quebra de impessoalidade, de violação do princípio da ampla defesa e do contraditório e que o ministro Bruno Dantas inovou na condenação do ex-procurador, ao responsabilizá-lo por fatos que não constavam inicialmente no processo.
“Diante das manifestas ilegalidades apontadas, não me resta alternativa a não ser
deferir a liminar”, escreveu Augusto César Pansini Gonçalves na decisão.
O magistrado também apontou que a Corte não realizou perícia ou cálculo pela área técnica, o que era necessário para verificar a existência dos supostos prejuízos e condenou Deltan por fatos diferentes daqueles imputados inicialmente. Outra irregularidade citada pelo juiz foi o fato de o TCU ter dado tratamento distinto ao caso em relação a outro idêntico. Também mencionou que o ex-procurador não teve a oportunidade de apresentar provas periciais, embora as tenha solicitado.
Deltan afirmou que o processo do TCU “é uma clara perseguição àqueles que ousaram enfrentar a corrupção no Brasil”.
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