The rapporteur of the case, Gilmar Mendes, and the ministers Cármen Lúcia and Alexandre de Moraes had already voted in the same direction; There have been no differences yet and six votes are necessary to form a majority
The Minister of the Federal Supreme Court () gave the fourth vote in the virtual plenary to condemn the federal deputy (PL-SP) for illegal possession and weapon and legal embarrassment with employment and firearms. The lawsuit filed and the parliamentarian, with a pistol, pursued a man on the eve of the second round of the 2022 elections. Before Dino had already voted in the same direction the rapporteur of the case, and the ministers. There have been no differences yet and six votes are necessary to form a majority in the trial, which runs until the 28th.
The votes, in line with the rapporteur, define a sentence of 5 years and 3 months in prison in semi -open regime. Gilmar also argued that the Supreme Court decree the loss of the MP’s mandate as a consequence of the criminal conviction. If the position is confirmed by the majority of the plenary, Carla Zambelli loses her mandate, but only after the final judgment of the case, that is, after all the appeals are exhausted.
“Although it was authorized to possess firearm, using it ostensibly in a cafeteria and on public road, the accused acted in disagreement with the current regulation, which makes her conduct perfectly adhere to the typical description contained in Article 14 of Law No. 10.826/2003,” said Flávio Dino in his vote. According to him, “the Federal Constitution requires public agents a conduct based on essential values, such as honesty, respect for the lives of others, prudence and commitment to public interest.”
“The legitimacy of political power stems from the strict respect for legal and ethical norms, and therefore imposing that every agent performs his duties in order to remove conduct harmful to the collective good, under penalty of shaking confidence legitimately deposited by society. It is an insatiable contradiction that a political representative seriously threatens a represented, as if he were above the citizen to the point of subjecting him with an objective weapon, at risk of losing his weapon life ”, completed
Carla Zambelli’s defense tried to take the process of the Supreme Court, claiming that the case has nothing to do with the exercise of the mandate and, therefore, should be analyzed in the first instance. The strategy did not prosper. Carla Zambelli claims that she acted after provocations and thought she was exercising a right, as she was allowed to carry a gun – the license was suspended after the episode.
Remember the case
Carla Zambelli chased a black man along with his security guards in the Jardins neighborhood of Sao Paulo, on the eve of the second round of the election. The deputy drew the gun and ran after journalist Luan Araújo to a restaurant in the region. She reacted after hearing that “tomorrow is Lula” and “you will go back to the manhole where they should not have left.”
In denouncing the deputy, the Attorney General’s Office argued that, despite the possession of a weapon for personal use, it was not allowed to the “ostensible management” of weaponry in public spaces. In PGR’s evaluation, the deputy’s conduct put the collectivity at risk. The complaint also states that the journalist did not offer “danger or real threat” to justify the use of the weapon.
See Carla Zambelli’s Defense Note:
“Unfortunately, despite the defense of federal deputy Carla Zambelli (PL-SP), he claimed his legitimate right to effect oral defense, the claim was not even analyzed by the illustrious rapporteur of the process in the STF. That would be the best opportunity to highlight that the premises placed in the vote rendered are misguided. This lawyer’s right cannot be replaced by video sent-whose visualization of the judges. Curtailment of the defense, memorials were also sent and dispatched with the ministers to motivate them to have seen and thoroughly examine the records “
*With information from Estadão Content
Posted by Fernando Dias
