After Minister Nunes Marques suspending the trial, Dias Toffoli advanced the vote for the conviction; The score is 6 x 0
The Supreme Court (STF) already has enough votes to condemn the federal deputy (PL-SP) to serve 5 years and 3 months in prison by journalist Luan Araújo, in October 2022, and revoke his term. The majority (6 of 11) was reached this 3rd (25.mar.2025) with the vote of the Minister of Court Dias Toffoli, who anticipated his vote.
The trial was suspended (longer for analysis) on Monday (24.mar). With the early vote of Toffoli, the score for conviction and cassation is 6 x 0.
Nunes Marques has 3 months to assess whether to condemn or acquit the defendant and then release the trial, which will be rescheduled by the President of the Court, Minister Luis Roberto Barroso. The votes already rendered are still worth the resumption of the trial.
Everyone who has voted so far called for the defendant’s conviction to 5 years and 3 months in prison, in a semi -open regime, in addition to the loss of his mandate as a congressman. Here are the full votes of (PDF – 299 kb), (PDF – 235 kb), (PDF – 115 kb) and (PDF – 192 kb).
Like Toffoli, Zanin his vote shortly after the request for a view. He accompanied the rapporteur, Gilmar Mendes.
The STF ministers who have already voted condemned Zambelli for both crimes by which the deputy was reported by the PGR (Attorney General’s Office). They are:
- illegal possession of firearm (imprisonment penalty of 2 to 4 years); and
- illegal embarrassment with firearm use (detention penalty from 6 months to 2 years).
In his vote, Gilmar considered that the crimes of illegal possession of firearms and illegal embarrassment with the use of firearms were proven after the victim’s testimonials, deputy and witnesses who witnessed the scene in the Jardins neighborhood in São Paulo, on the eve of the 2nd shift of 2022, as well as recordings made at the scene.
For the magistrate, criminal law does not legitimize any form of armed retaliation, even if the victim had begun the discussion and offended the honor of the deputy.
Defense pronounces
In a note to Poder360Zambelli’s defense said it was “curt”And regretted not having his“legitimate right to effect oral defense“Accepted by the rapporteur Gilmar Mendes. He argued that the law cannot be replaced by a video sent by the congressman’s lawyers, as there is no certainty of visualization by the ministers.
“This would be the best opportunity to show that the premises placed in the vote rendered are wrongs, ”he said. He said they were sent“memorials”To the ministers to motivate them to ask for a view and thus have more time to analyze the case. Here’s (PDF-185 kb).
Defendant in Criminal Action
Zambelli in the Supreme for 9 votes to 2 in August 2023. At the time, the only ministers who positioned themselves against the opening of criminal proceedings against the congressman were Nunes Marques, who said that the deputy had been offended by the journalist and acted with the intention of arresting him, and André Mendonça, who argued that the case is the responsibility of the São Paulo courts and that it has no relation to the office.
The congressman published on Instagram a video in which one can hear a man cursing and saying that “Tomorrow is Lula, daddy”. “It will go back to the manhole, daughter of a bitch. Your disgusting, garbage”Said the man.
In his vote on the last Friday (21.mar), Gilmar acknowledges that journalist Luan Araújo began the discussion and offended the honor of Zambelli, but stressed that “the behavior of the victim does not justify any valuation in favor of the accused”.
In the complaint, the PGR stated that the deputy abused the right to use the weapon, considering that she drew the pistol “outside the limits of the self -defense authorization”By pursuing the journalist,“although under the pretext of safeguarding, in theory, its diminished honor”.
The case was 1 day before the 2nd round of the 2022 presidential election, which had the president (PT) as the winner.
Understand the case
Federal Deputy Carla Zambelli was filmed on October 29, 2022 pointing a gun for people on the corner of Alameda Lorena with Capitão Pinto Ferreira Street, in the Jardim Paulista neighborhood, located in the west of São Paulo.
In the images, the congressman appears running with the gun in hand and entering a bar. Addressing an unidentified man, he shouts several times so that he lay on the floor while other people run to leave the place.
Watch (52s):
In his Instagram profile, Zambelli was beaten by a group of people outside a restaurant. In the video, she says they used “A black man to come on me“. He said he was verbally assaulted and spit and, after the fall, ran after the man so he wouldn’t run away.
The deputy also shows a leg injury that would be the result of a supposed fall during the confusion.
Watch (3min52s):
Other images filmed by people on site show a black man and flowered shirt approaching the deputy, who is surrounded by a group of about 10 people. The video shows the individual talking face to face with Zambelli.
Then he turns to leave the place. At this moment, the deputy tries to reach him and falls. After the fall, the man runs and is chased by Zambelli and an armed security guard.
