PAD 1.00898/2018-99 (CNMP) — CBN interview

Body: CNMP
Number: PAD 1.00898/2018-99
Subject: Dallagnol's criticism of STF justices in an interview of August 15, 2018.

Status as of October 24, 2026: Warning sanction applied on November 26, 2019; later appeal or review not found. On August 17, 2020, Justice Fux (STF) suspended the use of the warning as a prior record, according to Gazeta do Povo; scope and outcome not verified.

Sources (1)

On November 26, 2019 the CNMP full court imposed, by 8 votes to 3, the penalty of warning on Dallagnol in PAD 1.00898/2018-99, for the interview on 'Jornal da CBN' of August 15, 2018 in which he called STF justices a 'clique'; the rapporteur, Luiz Fernando Bandeira de Mello, found a breach of the duty of decorum and civility (LC 75/1993, art. 236, VIII and X); the preliminary objections of ne bis in idem (by majority) and of statute of limitations (unanimously) were rejected.

Judicial or administrative decisionProven in a document

Source: CNMP aplica penalidade de advertência ao procurador da República Deltan Dallagnol — National Council of the Public Prosecutor's Office, Nov. 26, 2019 · body of the news item · open original ↗

Parties and roles

Deltan Dallagnol — respondent in the proceeding
Bandeira de Mello — rapporteur

Case history

Aug. 26, 2019
Injunction from the JF/PR suspends the PAD.
Sources (1)
On August 26, 2019 federal judge Nivaldo Brunoni (duty judge, JF/PR) granted an injunction suspending PAD 1.00898/2018-99 and ordering its removal from the CNMP agenda of August 27, conditioning its continuation on guarantees of full defense and adversarial proceedings.
Judicial or administrative decisionSingle source
Source: Juiz determina que CNMP tire de pauta processo contra Deltan Dallagnol — Migalhas, Aug. 26, 2019 · body of the article · open original ↗
Nov. 26, 2019
Warning, 8 to 3.
Sources (1)
On November 26, 2019 the CNMP full court imposed, by 8 votes to 3, the penalty of warning on Dallagnol in PAD 1.00898/2018-99, for the interview on 'Jornal da CBN' of August 15, 2018 in which he called STF justices a 'clique'; the rapporteur, Luiz Fernando Bandeira de Mello, found a breach of the duty of decorum and civility (LC 75/1993, art. 236, VIII and X); the preliminary objections of ne bis in idem (by majority) and of statute of limitations (unanimously) were rejected.
Judicial or administrative decisionProven in a document
Source: CNMP aplica penalidade de advertência ao procurador da República Deltan Dallagnol — National Council of the Public Prosecutor's Office, Nov. 26, 2019 · body of the news item · open original ↗
Aug. 17, 2020
Justice Fux (STF) suspended the use of the 2019 warning as a prior record, according to Gazeta do Povo; scope and outcome not verified.
Sources (1)
On August 25, 2020, the CNMP decided not to open disciplinary proceedings against Dallagnol over the PowerPoint (a request for measures by Lula's defense) because the applicable penalty was time-barred (the earlier warning had its effects suspended by a Fux decision on August 17, 2020, according to Gazeta do Povo); according to Conjur, the rapporteur was Marcelo Weitzel and there were 42 postponements (Brasil de Fato mentions 40).
Judicial or administrative decisionSeveral independent sources
Source: Após 42 adiamentos, Deltan escapa de processo administrativo no CNMP — Consultor Jurídico, Aug. 25, 2020 · body of the article · open original ↗