The minister, of the (Supreme Federal Court), voted to condemn the federal deputy (PL-SP) to 5 years and 3 months in prison, under semi-open regime, and the loss of parliamentary mandate for illegal possession of firearms and illegal embarrassment with the use of a weapon.
Rapporteur of the case, he has already been followed in the vote by Minister Cármen Lúcia. The process is under analysis in a virtual plenary (remote environment through which ministers deposit votes over, in general, a week) between Friday and the next (28).
By the Court in August 2023. At the time, they voted for the opening of criminal action 9 of the 11 ministers: the rapporteur, Alexandre de Moraes, Carmen, Cristiano Zanin, Edson Fachin, Luis Roberto Barroso, Dias Toffoli, Rosa Weber and Luiz Fux.
The accusation of the Federal Prosecutor was made after the episode in which in Sao Paulo, on October 29 last year, on the eve of the second round of the elections.
On the afternoon of October 29, 2022, the Bolsanist after an argument in the Jardins neighborhood of São Paulo. A parliamentary security guard even shot and was arrested by the Civil Police.
“The possession of firearm granted to the accused turns to his self-defense, which is why the bearer cannot enter with weaponry in public places, nor to lead him ostensibly, except, of course, if necessary to secure his own defense or third parties,” Gilmar said in his vote for the conviction.
“This is not the case, however, the case of the case. The evidential collection relevant that the federal deputy did not
Firearm and led it ostensibly on public roads to ensure its safety and physical integrity, but to pursue the offended already on the run route. “
“The factual context in which federal deputy pursues on public roads, with firearm, unarmed individual of adverse party current, on the eve of the elections, after exchanging reciprocal insults, is a high degree of reprobability,” says the minister.
Zambelli was denounced in January 2023 by the vice-prosecutor Lindôra Araújo. In addition to the conviction for both criminal types, it asks the parliamentarian to be forced to pay $ 100,000 for collective damage and that its gun possession is definitively canceled.
The penalty for illegal possession ranges from two to four years in prison, in addition to the payment of a fine. As for illegal embarrassment, it goes from three months to a year, which can be expanded due to weapon use.
Arms transport is prohibited within 48 hours before voting at addresses near electoral colleges. The São Paulo Public Security Bureau reported that the persecution occurred over one hundred meters from the nearest section.
Although holder of gun possession, he evaluated PGR representative, Zambelli could not have managed the pistol in public space, putting the collectivity at risk.
The Attorney’s Office understood that the man persecuted by the parliamentarian offered no danger or real threat to justify the use of the pistol and the embarrassment caused to him.
Zambelli’s lawyer, Daniel Bialski, said in a statement that his confidence in the innocence of the deputy, “to be recognized when the merits were judged.” “And from now on, it clarifies that all the necessary evidence may be produced to show that it has not committed the criminal offenses for which it was accused.”
