09/26/2024 – 21:59
The Federal Regional Court of the 4th Region (TRF4), in Porto Alegre, maintained the annulment of the decision of the Federal Court of Auditors (TCU) that had condemned former prosecutor Deltan Dallagnol to return expenses from Operation Lava Jato with daily and passages.
The Court of Auditors considered that the expenses exceeded what was reasonable and that Lava Jato created an “industry for paying daily allowances and tickets to certain hand-picked attorneys”. The TCU demanded a refund of R$2.8 million.
In addition to Deltan Dallagnol, who coordinated the Curitiba task force, the former Attorney General of the Republic Rodrigo Janot and the former Attorney General of Paraná João Vicente Beraldo Romão were convicted.
The 12th Panel of the Federal Regional Court of the 4th Region confirmed the first instance sentence that benefited the former prosecutor.
Federal judge Ana Beatriz Palumbo, summoned to act on the TRF4, justified in her vote that “it is not the responsibility of the control body to interfere in the scope of administrative discretion”.
“As can be seen from the records, the entire accounting procedure appears to be based on the issuance of a subjective value judgment regarding the management option adopted in the case, in the absence of concrete evidence of irregularity in the allocation of the funds, or even the responsibility of the appellee in relation to the ordering of those expenses”, argued the judge.
The decision was unanimous. The court analyzed an appeal by the Attorney General’s Office (AGU) that attempted to reinstate the conviction imposed by the TCU.
In a note, lawyer Arthur Guedes, who represents Deltan in the process, states that the TRF4 decision recognizes that the former prosecutor cannot be responsible for Lava Jato’s expenses.
“Very satisfied with the court’s decision. He recognized that we are not trying to impede the TCU’s actions, but only the judicial recognition that, in this case, Mr Deltan’s summons proved to be illegal due to its illegitimacy, given that he was never responsible for expenses, and given the lack of mature debt to give rise to the establishment of a special accounting”, says the defense.
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