National Council of the Public Prosecutor's Office (CNMP)

Body created by Constitutional Amendment 45/2004 (art. 130-A) that oversees the Public Prosecutor's Office and its members' compliance with their duties; 14 members, presided over by the Prosecutor General.

On the timeline

Documented links

CNMP judged Deltan Dallagnol: The CNMP full court (Plenary) imposed a warning (2019) and a censure (2020) on Dallagnol, as disciplinary sanctions.
Sources (2)
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 ↗
On September 8, 2020 the CNMP full court imposed, by majority, the penalty of censure on Dallagnol in PAD 1.00982/2019-48, for 14 Twitter posts, between January 9 and February 3, 2019, against the election of Renan Calheiros to the presidency of the Senate, understood as a breach of decorum; rapporteur: Otavio Rodrigues Jr.
Judicial or administrative decisionProven in a document
Source: Plenário do CNMP aplica pena de censura a membro do MPF — National Council of the Public Prosecutor's Office, Sept. 8, 2020 · body of the news item · open original ↗

Evidence

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 ↗

Folha de Pernambuco reports that, in the PowerPoint case, 8 of 10 council members saw grounds for disciplinary proceedings, but none was opened because of the statute of limitations.

News reportSingle source

Source: Conselho abre processo contra procurador por outdoor em homenagem à Lava Jato — Folha de Pernambuco, Sept. 22, 2020 · body of the article · open original ↗

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 ↗

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.