The minister, of the (Supreme Federal Court), voted on Friday (9) to condemn the deputy (PL-SP) and decree the loss of the mandate of the parliamentary by invasion of the system of (National Council of Justice). He also voted for the hacker’s conviction.
Moraes voted to order the deputy to ten years in prison for the accusation of invasion of the system and ideological falsehood and was followed by the minister. With this, there are already two votes for the conviction of Zambelli in the trial that takes place in the virtual plenary of the first class of the Supreme Court, scheduled to end next Friday (16). The votes of, and.
The loss of the mandate should be applied, according to the minister, because the prison sentence in closed regime would cause the absence of the parliamentarian for more than 120 days. The Constitution provides that, in these cases, the suspension of political rights is automatic.
The penalty suggested by Moraes to Delgatti is minor, eight years and three months in prison. The two must also pay a fine of $ 2 million as collective material and moral damages and are ineligible for eight years.
If the minister’s vote is victorious, the penalties should only be applied after the final judgment of the case. Appeal of the decision.
According to Moraes, the deputy “showed full knowledge of the unlawfulness of her conduct, acting in a premeditated, organized and conscious way, in the search to reach basic institutions of the Democratic Rule of Law.”
“As a federal deputy, therefore a representative of the Brazilian people and jurors to defend the Constitution, he used his mandate and prerogatives to deliberately pay attention against the credibility of the judiciary,” says the minister.
By setting the penalties on higher levels against Zambelli, Moraes evaluated the social conduct of the deputy, the personality and the reasons for criminal practice.
He says that Zambelli’s social conduct demands a “increase in the criminal reprimand, because totally maladjusted in the middle in which the accused lives.” The penalty should also be greater, according to the minister, because the deputy demonstrates “contempt and disrespect for the legal system, the institutions and, consequently, to democracy.”
“The reasons for criminal practice, equally, weigh on the detriment of the accused, proving particularly reprovable, as driven by party-political interests, seeking to discredit democratic institutions and, in particular, the judiciary, to obtain political advantages,” he says.
In a statement, Carla Zambelli’s defense stated that the Supreme Court despised arguments that would lead to the nullity of the process and surrounded the work of the lawyers. “Absolutely unfair that the deputy was tried and convicted without irrefutable and undoubted evidence, especially for facts that he was unaware, such as the fake permits that Mitoman Walter made for his cousin and third people,” says lawyer Daniel Bialski.
The deputy said on Friday that she is the victim of political persecution and that the vote of Moraes disregards the facts. “There is no proof that sustains this conviction. What exists is a clear attempt to silence a right -wing woman, deputy elected by the people, who does not bow to abuses of power.”
Walter Delgatti Neto was known for raiding accounts of authorities on Telegram, including members of the Lava Jato task force and the former judge, responsible for the trials in Curitiba.
He passed on the messages to what revealed the case later known as leak jet. Other vehicles published reports with the content of the dialogues,
The messages motivated the Supreme Court to nullify Lava Jato lawsuits on charges of collusion between prosecutors of Operation Lava Jato and the former federal court of Curitiba Sergio Moro. Delgatti has been under arrest since 2023, sentenced to 20 years in prison for the invasion of Telegram accounts.
The complaint of the PGR (Attorney General of the Republic) says that Zambelli planned and commanded the invasion of the CNJ institutional systems, with the help of Walter Delgatti. The objective would be to issue false release permits and provoke confusion in the judiciary.
Under the command of Zambelli, says the complaint, Delgatti “issued ideologically false documents in order to harm rights.”
PGR says Delgatti was able to invade the CNJ system through credentials from other officials of the agency and, on January 4, 2023, included three fake release permits.
The hacker also inserted in the National Bank of arrest warrants a fake preventive warrant against Alexandre de Moraes for “criminal organization.” This forged credential was elaborated from access to another credential of a CNJ employee.
“The inclusion of the false arrest warrant occurred from a forged credential, with magistrate privileges, created by the accused,” says Gonet.
The Attorney General of the Republic, Paulo Gonet, says that the main objective of Zambelli and Delgatti was to “generate a environment of demoralization of Brazilian justice, to achieve political advantage, proposing, from the beginning, to the invasion of the computer device, which, after all, determined, actively participating in ideologically false judicial order”.
The invasions occurred in the context of the electoral dispute between Jair Bolsonaro (PL) and Lula (PT) in late 2022. The former president is defendant in the Supreme for planning a coup after losing the presidential election to the petista.
“It is clear the purpose of feeding unfounded positions on the electoral election and descending the TSE (Superior Electoral Court), its magistrates and the CNJ, thus shaking and engaging followers of the accused,” he adds.
In a statement to the Federal Police, Delgatti confessed that he broke into the CNJ system and included the false arrest warrant against Alexandre de Moraes.
The case was investigated by the Federal Police in 2023, when it became public that hacker Delgatti had allied with former Bolsonaro president and scholarship politicians to plan actions against the electronic ballot boxes.
Delgatti’s main interlocutor in Bolsonarism was Carla Zambelli. Data from financial transactions delivered to the Federal Police by Hacker show that people close to the deputy passed R $ 13,500 to him – who, to the PGR, signals possible payment to the services against the CNJ.
