Federal Supreme Court Minister Luiz Fux voted on Wednesday (14), to condemn the federal deputy by the invasion of the National Council of Justice (CNJ) system. Fux’s vote concluded the trial held in the first class. Zambelli was unanimously convicted of 10 years in prison, in addition to the loss of the position of federal deputy.
It may submit declaration embargoes after the publication of the judgment. The appeal has no power to amend the conviction, but the res judicata of the proceedings. Any prison needs to be authorized by the House of Representatives.
The loss of mandate would also have to be decided by the deputies. However, the jurisprudence of the Supreme Court is that if the penalty is greater than 120 days in prison in closed regime, the Court itself may determine the measure because the Constitution provides that the deputy will lose the mandate if one third of the sessions is missing. In this case, it is up to the Board of Directors to declare the loss of mandate.
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In addition to Fux and Moraes, Ministers Cristiano Zanin, Flávio Dino and Cármen Lúcia voted in favor of the conviction, totaling the score of 5 votes to 0.
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Sought, Carla Zambelli’s staff has not yet manifested. When the majority was trained by the conviction on May 9, the parliamentarian issued a note in which his “irresignation” externalized and states that there was curtailment of the defense and “numerous discouraged nullities.” She also says that condemnation is unfair because there is no “irrefutable and undoubted evidence.”
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Fux accompanied the understanding of the rapporteur of the case, Alexandre de Moraes. In her vote, Moraes said the deputy maintained a “umbilical connection” with hacker Walter Delgatti with “anti -pill goals.” Delgatti was sentenced to 8 years and three months in prison.
He and Zambelli will have to pay $ 2 million for collective material and moral damages. Moraes also established individual fines of about R $ 2.1 million for the deputy and approximately R $ 520 thousand for the hacker. The exact values will still be calculated in the process.
Zambelli tried to stop the trial until the House of Representatives spoke upon his case, as happened with Federal Deputy Alexandre Ramagem (PL-RJ), but the request was denied by Moraes on Monday.
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According to the prosecutor’s accusation, Zambelli would have coordinated the invasion of systems of the judiciary executed by Delgatti. In attacking the CNJ system in 2023, a fake arrest warrant was issued against Moraes. “The arrest warrant is issued to the detriment of myself, Alexandre de Moraes. Publish, submit and do L,” said the fake document.
A blockade receipt of R $ 22.9 million in assets of the minister-amount equivalent to the fine imposed on the Liberal Party (PL), by former President Jair Bolsonaro, was also produced for questioning the electronic ballot boxes.
The complaint filed by the Attorney General’s Office was accepted by the First Class of the Supreme Court last year and the trial began on Friday, 9. PGR states that Carla Zambelli “commanded” and helped in the “planning” of the cyber attack. Walter Delgatti confessed the crimes.
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The Federal Police (PF) pointed out, in the final report of the investigation, that documents seized with the deputy correspond, in full or partially, to the archives inserted by the hacker in the CNJ system, which for the investigators proves that she participated in the attack. In his vote, Alexandre de Moraes states that this is an “irrefutable technical proof and demonstrates, besides any reasonable doubt, the direct involvement” of the deputy in the crimes. The PF concluded that the attack was planned to doubt the credibility of the judiciary.
Walter Delgatti narrated to the Federal Police that he received about $ 40,000 to try to invade the judiciary systems. He delivered proof of transfer that totaled R $ 10,500 made by a former advisor to the deputy. The rest, according to the report, would have been delivered in kind in São Paulo. The investigators dismantled part of the statement. The PF concluded that the former advisor’s payments went to buy whiskey bottles.
The only messages found between Carla Zambelli and Walter Delgatti are about Moraes. The deputy sent two audios asking for the minister’s address. She claims that her mother wanted to send a letter to the magistrate.
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The deputy also claimed that she hired the hacker to manage her site and social networks, but advisors heard in the investigation denied that he effectively provided these services.
Carla Zambelli responds to another case in the Supreme Court for chasing a man with a pistol on the eve of the second round of the 2022 elections. There is a majority formed to condemn the deputy for illegal gun possession and illegal embarrassment with the use of firearm and revoke her term, but the trial is suspended by a request for view of Minister Kassio Nunes Marques.
