The request for custody of the federal deputy (PL-SP) made by the (Attorney General’s Office) on Tuesday (3) has legal support, experts heard by Sheet.
The Attorney’s Office made the request after the parliamentarian announced that he left the country and.
She was in May to 10 years in prison and loss of mandate on charges of ideological falsehood and invasion of the system of (National Council of Justice). The parliamentarian also signaled that she intends to ask for a license of the position.
For the experts heard by SheetZambelli’s trip abroad is a classic case for pre -trial detention.
They also claim that there was no legal impediment for her to leave the country, since the conviction had not res judicata and that there was no precautionary measure as a passport retention.
The parliamentary document had already been seized in 2023 during the Federal Police operation. However, it was returned to Zambelli after completing the investigation stage of the case of the invasion of the CNJ systems.
Still, the experts heard state that Zambelli’s action justifies the request for pre -trial detention because it aims to make it difficult to apply criminal law, which is one of the legal requirements for this type of arrest.
“If there is no court order that prevents her from leaving the country, for any reason, even if she is responding to an inquiry or criminal action, she can leave quietly. It can leave, can come back, can leave again. Anyway, there is no legal impediment,” says Thiago Bottino, professor at FGV right.
“On the other hand, if she is responding to a criminal case and the responsible magistrate understands that the country’s departure aims to escape any criminal liability, disrupt the procedural instruction or police investigation, or even continue committing crimes, the judge may determine his return to the country or even decree his custody.”
Juliana Izar Segalla, PhD in Constitutional Law from PUC-SP and professor at the Northern State University of Paraná, also evaluates that Zambelli’s trip gave the PGR legal basis to request preventive arrest.
After the request, the judiciary may decree the measure and trigger the interpol.
If Zambelli is in transit between countries when the measure is decreed, the International Police can retain it and send it to Brazil. If you are already in the country where you want to ask for asylum, it is up to Brazil to make the extradition request.
In this case, eventual delivery of the parliamentarian will depend on the rules of that country and the agreement with Brazil, explains Luisa Ferreira, professor at FGV Law.
In an interview with CNN, the deputy said she was in the United States and signaled that she intends to go to Italy for having a passport and citizenship in the country. “I have an Italian passport, you can put Interpol behind me, they don’t get me out of Italy,” Zambelli said in an interview with CNN.
According to Welington Arruda, Master in Law and Justice from IDP (Brazilian Institute of Teaching, Development and Research), compliance with any penalty abroad would depend on bilateral agreements of criminal cooperation and transfer of sentences, which requires complex diplomatic procedures.
The situation, explains the expert, partly recalls the case of former soccer player Robinho, whose extradition was denied to Italy after he took refuge in Brazil, taking advantage of his Brazilian citizenship. The athlete is serving time in Brazil, as the STJ (Superior Court of Justice) validated the conviction by the Italian court.
Already Juliana Izar Segalla points out that Italy predicts extradition in some situations involving double citizenship.
She cites as an example the case of former Banco do Brasil director Henrique Pizzolato, who after being convicted in the 12-year and 7 months in prison for corruption, embezzlement and money laundering. Even with double citizenship, he went.
Segalla also claims to see the possibility of extradition in Zambelli’s case, as the crimes for which she was convicted are classified as common.
“For the extradition treaty that Brazil has with Italy in relation to common crimes, it is necessary that, first of all, the crime will be typified in both countries. Both ideological falsehood and the invasion of computer device – crimes for which Zambelli was convicted – are a crime in Italian legislation,” he says.
