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Deltan Dallagnol

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In this Portuguese name, the first or maternal family name is Martinazzo and the second or paternal family name is Dallagnol.
Deltan Dallagnol
Member of the Chamber of Deputies
In office
1 February 2023 – 6 June 2023
ConstituencyParaná
Personal details
Born
Deltan Martinazzo Dallagnol

(1980-01-15) 15 January 1980 (age 44)
Pato Branco, Paraná, Brazil
Political partyNOVO (2023–present)
Other political
affiliations		PODE (2021–2023)
Spouse
Fernanda Mourão Ribeiro
​
​
(m. 2016)​
Alma mater
OccupationFederal prosecutor (retired)
Known forOperation Car Wash
Vaza Jato
Scandal
Vaza Jato
Companies
News media
Judges

Deltan Martinazzo Dallagnol (born 15 January 1980) is a Brazilian politician[1] affiliated to the New Party (NOVO). Dallagnol was also a federal prosecutor specialized in crimes against the national financial system and money laundering from 2003 to 2021. He is known for being the lead prosecutor of Operation Car Wash, an investigation into corruption in the Brazilian petroleum company Petrobras.

He was elected in 2022 Brazilian general elections to represent the state of Paraná in the Chamber of Deputies.[2] His term of federal deputy was revoked on 16 May 2023 by the Superior Electoral Court of Brazil in a unanimous decision. On 6 June 2023, the Bureau of the Chamber of Deputies of Brazil confirmed the decision of the Superior Electoral Court that revoked his term, a decision based on the grounds that Dallagnol committed a fraud against the Ficha Limpa (Clean Record) act.[3] Dallagnol moved to Chicago in 2023[4] and managed to raise around R$200 thousand (close to 40 thousand dollars)[5] in donations to pay the hundreds of fines for his criminal convictions.[6]

Biography

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Deltan Dallagnol

Deltan Dallagnol was born in Pato Branco, Brazil.[7][8]

Operation Car Wash

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Main articles: Operation Car Wash and Vaza Jato

Dallagnol was part of the original, Operation Car Wash task force formed in Curitiba in March 2014. In September 2020, Dallagnol announced that he would be leaving as coordinator of the Car Wash prosecution team.[9] He requested dismissal from the Federal Public Ministry to avoid 15 administrative process by the CNMP against him that could lead to compulsory retirement or loss of position.[10]

Power Point of Charge

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On September 14, 2016, Deltan Dallagnol and part of the Lava Jato team made a fake Power Point presentation of the summary of the charges against Luiz Inácio Lula da Silva, placing him as a "conductor of a criminal orchestra" but without offering a structured complaint of head of the criminal organization.[11] The focal point of the controversy was the alleged statement "we have no proof, but we have conviction," which went viral on social networks as if it had existed.[12] Officials said the prosecution was based on immunity negotiated accusations and the theories of "probabilism" and "explanationism" created and defended by the prosecutor himself to support the evidence-free evidence that remained at the end of the investigations.[13]

In 2022, Lula filed a lawsuit asking for compensation alleging “violation of his honor” because in the PowerPoint presentation. The Superior Court of Justice condemned Deltan to compensate Lula in the amount of R$75,000.[14] After the extraordinary appeal to reverse the conviction, in April 2024, the Federal Supreme Court denied the appeal to suspend the decision. There is no other legal recourse and Dallagnol will compensate President Lula da Silva for the “powerpoint case”.[15]

Cooperation with foreign government

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In April 2016, when the Americans forwarded the demand to the DRCI, the first formal request for cooperation between Operation Car Wash and the USA occurred.[16] Dallagnol, in charge of the collaboration, illegally began supplying the US with information and evidence against Petrobras, before the cooperation had even been officially formalized.[17] Even the hearings heard by Dallagnol, carried out within the formalized cooperation period, did not comply with Brazilian laws.[18]

With Dallagnol's help, the US Department of Justice reached an agreement with Petrobras to end the imbroglio in 2018. The agreement included a fine of almost 3 billion dollars.[19] The USA decided to return 80% of the amount collected from Petrobras to Brazil.[20]

The work of administrative correction shows that Dallagnol informally negotiated with the Americans[21] to return the money before the process was completed.[22] He later tried to divert the resources to the Lava Jato Foundation,[23] improperly approved by judge Gabriela Hardt in 2019.[24]

Allegations of irregularities

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Main article: Vaza Jato

In June 2019, reports published by The Intercept based on a large trove of leaked materials indicated that there were "legally dubious internal discussions" between Dallagnol, in the role of Chief Prosecutor, and lead judge Sergio Moro, resulting in an international furor, due to the alleged politically based, illegal coordination between the two teams.[25] In November 2019, disciplinary proceedings against Dallagnol led to warnings imposed by the National Council of the Public Prosecution Service (CNMP).[26][27]

In the leak materials, a dialogue between Dallagnol and his subordinates provided the basis for opening an investigation into an intentional act of administrative improbity. He looted public coffers and tried to cover up his actions as if he were receiving travel and accommodation expenses from 2014 to 2021.[28] In one of his conversations about travel allowances, Dallagnol informed his team, "The more we spend now, the better."[29]

The Federal Court of Auditors sentenced the former coordinator of Operation Car Wash and two others involved to compensate the public coffers in almost US$700 thousand.[30]

Political career

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Dallagnol joined Podemos (PODE) on December 10, 2021[31] and ran for a term of federal deputy in the state of Paraná in the 2022 Paraná parliamentary election, being elected as the most voted congressman in the state, with 344,917 votes.[2]

He held office between 1 February and 16 May 2023, when his candidacy record was revoked by a unanimous decision of the Superior Electoral Court, based on a representation presented to the court by the Brazil of Hope federation (PT/PCdoB/PV) and the Party of National Mobilization (PMN). The representation stated that Dallagnol could not have left his career as a public prosecutor while he was responding to disciplinary complaints and investigations at the National Council of the Public Prosecution Service (CNMP).[32]

The rapporteur judge of the case, Minister Benedito Gonçalves, understood that Dallagnol requested his early dismissal from the Public Prosecutor's Office (MPF) on 3 November 2021, when he had already been condemned by the CNMP to censure and a warning while 15 administrative proceedings against him were still pending at the National Council of the Public Prosecution Service. Gonçalves concluded that Dallagnol used his early dismissal as a manueaver to bypass the possibility of ineligibility for an eventual conviction in an administrative process. The court followed the vote of the rapporteur.[33]

On 30 September 2023, he left Podemos and joined the New Party (NOVO).[34]

Electoral history

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Chamber of Deputies

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Election
Party Votes % Position in
Paraná State 		Result
2022 Podemos (PODE) 344,917 5.63 No. 1 Elected[35]

Personal life

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He holds a law degree from the Federal University of Paraná and a LL.M. from Harvard University in 2013.[36] Dallagnol is a practicing Baptist.[37]

References

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  1. ^ Santi, Alexandre de; Martins, Rafael Moro (2021-03-15). "In Sharp Rebuke, Brazil Supreme Court Rules Judge Who Locked Up Lula Was Biased". The Intercept. Retrieved 2022-03-26.
  2. ^ a b "Conhecido graças à Lava Jato, ex- procurador Deltan Dallagnol é eleito deputado federal com mais de 340 mil votos". G1 (in Brazilian Portuguese). 2022-10-03. Retrieved 2023-05-17.
  3. ^ Clavery, Eliza (6 June 2023). "Mesa Diretora da Câmara confirma decisão do TSE que cassou Deltan Dallagnol". G1 (in Brazilian Portuguese). Retrieved 7 June 2023.
  4. ^ "Gilmar defende a aplicação do juiz de garantias: 'Modelo Moro e Deltan dá asco e nojo'". CartaCapital (in Brazilian Portuguese). 2023-06-23. Retrieved 2023-06-26.
  5. ^ "Dallagnol terá que pagar multa ao presidente Lula, pelo PowerPoint". Correio do Brasil (in Brazilian Portuguese). 2024-04-23. Retrieved 2024-04-25.
  6. ^ "Modelo 'Moro-Dallagnol' dá nojo, diz Gilmar ao defender juiz de garantias". noticias.uol.com.br (in Brazilian Portuguese). Retrieved 2023-06-26.
  7. ^ "Biografia do(a) Deputado(a) Federal Deltan Dallagnol". Portal da Câmara dos Deputados (in Brazilian Portuguese). Retrieved 2024-04-25.
  8. ^ "Operation Car Wash". The Practice. 4 (6). Retrieved 15 August 2022.
  9. ^ Paraguassu, Lisandra; Brito, Ricardo; Boadle, Anthony (1 September 2020). "Head of Brazil's 'Car Wash' anti-graft task force quits with team's future in doubt". Reuters. Brasilia. Retrieved 9 September 2020.
  10. ^ "Deltan Dallagnol cassado: por que procurador da Lava Jato foi punido pelo TSE". BBC News Brasil (in Brazilian Portuguese). 2023-05-17. Retrieved 2024-02-28.
  11. ^ Fishman, Andrew; Martins, Rafael Moro; Demori, Leandro; Santi, Alexandre de; Greenwald, Glenn (2019-06-09). "Breach of Ethics: Exclusive: Leaked Chats Between Brazilian Judge and Prosecutor Who Imprisoned Lula Reveal Prohibited Collaboration and Doubts Over Evidence". The Intercept. Retrieved 2019-11-07.
  12. ^ Stephenson, Matthew (2019-06-17). "The Incredible Shrinking Scandal? Further Reflections on the Lava Jato Leaks". GAB | The Global Anticorruption Blog. Retrieved 2019-11-07.
  13. ^ "Justice for Lula, peace for Brazil". Instituto Lula. Retrieved 2019-11-07.
  14. ^ "Brazil: Deltan Dallagnol must compensate Lula da Silva for "moral damages"". Paris Beacon News. 2022-03-23. Retrieved 2022-03-26.
  15. ^ "Ministra mantém indenização de Deltan a Lula por caso de powerpoint". Agência Brasil (in Brazilian Portuguese). 2024-04-22. Retrieved 2024-05-06.
  16. ^ Saleh, Andrew Fishman, Natalia Viana, Maryam (2020-03-12). "The Secret History of U.S. Involvement in Brazil's Operation Car Wash". The Intercept. Retrieved 2024-04-25.{{cite web}}: CS1 maint: multiple names: authors list (link)
  17. ^ "Brazil's biggest anti-corruption investigation is at a turning point". The Economist. ISSN 0013-0613. Retrieved 2024-04-25.
  18. ^ Alves, Cintia (2024-04-24). "Moro e Dallagnol deixaram EUA ignorar lei brasileira". Jornal GGN (in Brazilian Portuguese). Retrieved 2024-04-25.
  19. ^ Doyle, Kevin (2023-08-02). "Big Step Towards Compensation for International Shareholders and Investors Against Petrobras in EU-Based Class Action in Netherlands Court". Battea Class Action Services. Retrieved 2024-04-25.
  20. ^ Paraná. "Relatório final do CNJ levanta "hipótese criminal" contra Lava Jato". Gazeta do Povo (in Brazilian Portuguese). Retrieved 2024-04-25.
  21. ^ "Fundação da Lava Jato, o fantasma que volta a assombrar Gabriela Hardt e companhia". CartaCapital (in Brazilian Portuguese). 2024-04-15. Retrieved 2024-04-25.
  22. ^ "Dallagnol negociou com os EUA o rateio de dinheiro cobrado da Petrobras". Brasil de Fato (in Brazilian Portuguese). 2023-07-20. Retrieved 2024-04-25.
  23. ^ "Deltan Dallagnol admite erro sobre fundo da Lava-Jato e critica argumentos de Toffoli sobre Odebrecht: 'Ridículos'". O Globo (in Brazilian Portuguese). 2023-10-01. Retrieved 2024-04-25.
  24. ^ "The report uncovers criminal suspicions involving presumed collaboration between Moro, Dallagnol and Hardt at Jato Lava — Joven Pan". Ground News. Retrieved 2024-04-25.
  25. ^ "Brazil reels at claims judge who jailed Lula collaborated with prosecutors". TheGuardian.com. 10 June 2019.
  26. ^ "Conselho do MP aplica 'advertência' a Deltan Dallagnol por entrevista com críticas ao STF". O Globo (in Brazilian Portuguese). 2019-11-26. Retrieved 2019-12-14.
  27. ^ "Conselho do MP abre novo processo disciplinar contra Deltan Dallagnol". O Globo (in Brazilian Portuguese). 2019-12-10. Retrieved 2019-12-14.
  28. ^ Ikeda, Bruna (2022-08-31). "Compliance and Investigations Newsletter no 8 - August 2022". Demarest (in Brazilian Portuguese). Retrieved 2024-04-28.
  29. ^ Santos, Rafa (2022-08-10). ""Quanto mais gastarmos agora, melhor", disse Deltan sobre diárias". Consultor Jurídico. Retrieved 2024-04-28.
  30. ^ "TCU condena Janot, Deltan e ex-chefe do MPF a pagar R$ 3,4 mi por diárias". noticias.uol.com.br (in Brazilian Portuguese). Retrieved 2024-04-28.
  31. ^ Filardi, Isabela (10 December 2021). "Deltan Dallagnol oficializa filiação ao Podemos". CNN Brasil (in Brazilian Portuguese). Retrieved 17 May 2023.
  32. ^ Mendes, Lucas. "Deltan Dallagnol perde mandato após decisão unânime do TSE". CNN Brasil (in Brazilian Portuguese). Retrieved 2023-05-17.
  33. ^ "In a unanimous decision, TSE revokes the mandate of Deputy Deltan Dallagnol". Folha Nobre (in Brazilian Portuguese). 16 May 2023. Retrieved 17 May 2023.
  34. ^ "Após cassação, Deltan Dallagnol se filia ao partido Novo". CNN Brasil. 30 September 2023. Retrieved 1 October 2023.
  35. ^ "Apuração das Eleições 2022 para presidente, governadores, senadores, deputados federais e estaduais". noticias.uol.com.br (in Brazilian Portuguese). Retrieved 2023-05-17.
  36. ^ "Deltan Dallagnol | Harvard University - Academia.edu".
  37. ^ Benevides, Carolina (12 December 2014). "Nova face do MP declara 'guerra contra a impunidade'" (in Portuguese). O Globo. Retrieved 23 May 2018.
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