The Attorney General’s Office (PGR) defended this Friday, 26, that the Federal Supreme Court (STF) annul the decision that sentenced the impeached deputy Deltan Dallagnol (Podemos-PR) to pay R$ 75 thousand in damages moral to President Luiz Inácio Lula da Silva (PT) in the case of PowerPoint.
The body claims that the STF itself recognized, in 2019, that public agents cannot be legally liable for any damage caused to third parties in the exercise of their function and that the responsibility in this case lies with the State.
“It is imperative to reform the judgment under appeal, with the provision of the extraordinary resources under analysis”, says the manifestation of the deputy attorney general of the Republic Wagner Natal Batista.
The conviction was imposed by the ministers of the Superior Court of Justice (STJ). They concluded that there was ‘excessive’ disclosure of the complaint against Lula and that the former prosecutor offended the PT’s honor and reputation.
Upon filing an appeal, Deltan Dallagnol’s defense reiterated that the press conference was granted for ‘clarification of facts and legal issues’ involving the complaint.
“The collective interview object of this demand was not something produced exclusively against Lula, but rather an institutional systematic way of publicizing the work of the Federal Public Prosecutor’s Office”, they argued.
The lawyers also stated that Dallagnol, who at the time coordinated the Operation Lava Jato task force in Paraná, acted within the ‘regular’ attributions of a public prosecutor.
Another defense argument is that the lawsuit could not have been filed against the former prosecutor and that any liability in case of conviction would fall on the State.
The National Association of Public Prosecutors (ANPR) also appealed in favor of Dallagnol. The entity stated that it has a duty to ‘ensure the independent performance of its members’.
“The simple fact of continuing the action against the person of Deltan, and not against the institution of which he is a part, produces pernicious consequences for the freedom of all members of that category, who would be threatened, in the exercise of their activities, by the possibility of being sued, in their own name, for the performance of the munus granted to them by the State”, argues the ANPR.
The rapporteur for the resources is Minister Cármen Lúcia. It is up to her to decide whether or not to annul the indemnity.
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