Judgment was interrupted after a request for a view of Kassio Nunes Marques, but the ministers who have not yet spoken may include their votes before the deadline
The (Federal Supreme Court) suspended, on Monday (24), the trial of the federal deputy (PL-SP) for crimes of illegal possession of firearms and illegal embarrassment with weapon. The interruption occurred after the minister’s request for view, who requested more time to analyze the case. It has up to 90 days to release the process for new deliberation. To date, five ministers have voted for the congressman’s conviction to five years and three months in prison under a semi -open regime. The rapporteur of the case was accompanied by Cármen Lúcia, Flávio Dino and Cristiano Zanin, who anticipated his vote.
Zambelli is defendant in the STF for an episode that occurred on the eve of the second round of the 2022 elections, when he drew a gun and chased a man on public roads in Sao Paulo. The man was a supporter of the then candidate (PT). The deputy was denounced by the Attorney General’s Office (PGR) and later became a defendant in the Supreme.
The ministers who have already voted also positioned themselves in favor of the loss of Zambelli’s mandate, which will only occur after the decision res judicata, that is, when there is no more possibility of appeal. The rapporteur, Gilmar Mendes, also determined the definitive revocation of the deputy gun possession and the sending of the army command seized. At the trial, Mendes pointed out that Zambelli committed an act of “a high degree of reprobability” by intimidating an unarmed man in a public place. According to him, the parliamentarian “generated unambiguous concrete danger to the local goers” and could not have reacted with a firearm to a verbal discussion.
Ministers Alexandre de Moraes, Carmen Lúcia and Flávio Dino reinforced the severity of the crime. Moraes stated that the testimonials harvested prove the “submission of the victim to a situation of armed intimidation”. Carmen Lúcia considered that the evidence show that Zambelli prevented the freedom from coming and going from the victim under serious threat. Dino, in turn, stressed that it is “unacceptable that a political representative threatens a citizen with a firearm” and that public agents must guide their conduct for “prudence and commitment to public interest.”
Zambelli’s lawyers said he saw Nunes Marques’ request for view, as the ministers will reconsider the initial decision. In a statement, the defense reiterated that the parliamentarian “cannot be condemned” and trusts the clarification of the facts. On the other hand, lawyer Dora Cavalcanti, who represents the victim Luan Araújo, said that Gilmar Mendes’ vote “accurately reconstructs the dynamics of the violence suffered.” She pointed out that the videos recorded by witnesses were fundamental to clarify the events.
The trial takes place in the Virtual Plenary of the Supreme Court, which will continue open until Thursday (27). Despite the request for a view, other ministers may still include their votes before the deadline. If convicted, the revocation of Zambelli’s mandate will still need to be analyzed by the plenary of the Chamber of Deputies.
Posted by Felipe Dantas
*Report produced with the aid of AI
