The opposition in the house pressures the president of the house, (-PB), to quickly guide the analysis of the request for arrest of the deputy (-SP), but there are still legal differences on the issue.
In theory, the official deadline for the House to make a decision on the proceedings would be 45 days from the notification, which occurred on Wednesday (4), when the Minister of (Supreme Court) made the decision and has already reported Parliament.
However, as there was no arrest in the act, but a order of pre -trial detention, there are some legal interpretations that the house could not make this decision.
The lawyer and professor of Constitutional Law Miguel Godoy understands that the House may only arrest the arrest in the act for an unenforceable crime imposed on a deputy, not the warrant of pre -trial or temporary arrest issued by the judiciary, except in very specific cases. He considers that there is in the supreme consolidated understanding of this limitation.
For Wallace de Almeida Corbo, Professor of Constitutional Law at UERJ (Rio de Janeiro State University) and FGV (Getulio Vargas Foundation), the deliberation of the house could already be triggered with the determination of the arrest. In this case, the decision should be closer to the request for definitive arrest, on charges of commanding invasion to the CNJ institutional systems, than the precautionary measure determined by the Supreme Court.
Also due to the conviction to ten years in prison, he argues that there may still be restriction on the deliberation of the House. “We are facing a case where eventually the Supreme can understand that the House does not have the power to relax the arrest because of the conviction it has suffered.”
Raquel Scalcon, FGV Criminal Law Professor, says “there is no rule on validation of pre -trial detention decision.” “But if we think in the light of prison in the act, I believe that the House can already evaluate the order before there is arrest concretely.”
The parliamentarian, who is fugitive from justice, faces another problem in Brasilia, political: her isolation. Zambelli does not count on the friendship of the center or part of his ultra -right colleagues.
They count in their favor the body spirit of deputies, when it comes to parliamentary prerogative, and the climate of Congress with the STF, which is still maladjusted. The case could be a way of giving a message to the court if the home leaders understand that it is necessary in the face of clashes with the judiciary.
But the fact is that Carla Zambelli doesn’t have so many allied groups willing to buy a fight for her. On social networks and publicly, only part of the pockets came out in their defense and provided solidarity.
According to a center leader, the theme has not yet entered the agenda of the day – Congress is holding 11th Brics Parliamentary Forum this week. The mayor merely told allies that he will deal with the matter with leaders.
The opposition leader, Colonel Zucco (PL-RS), ranked on Wednesday the request for arrest as “political, authoritarian and persecutory act” and demanded Motta to speak firmly and urgently.
“Moreover, it is essential that the order of pre -trial detention imposed on Deputy Carla Zambelli is immediately submitted to the deliberation of the Plenary of the House of Representatives, as determined expressly the Federal Constitution,” he said.
“Any omission in this sense will mean not only connivance with another trample, but the renunciation of this house of its own authority and its institutional prerogatives,” he added.
Deputy Nikolas Ferreira (PL-MG) also charged Motta nominally. “It has a constitutional duty to submit the decision to the plenary,” he said. “It is not about protecting a person, but of defending the rule of law in the face of another serious violation of constitutional guarantees,” he said.
PL leader Sostenes Cavalcante (RJ) was one of the first to speak out shortly after Zambelli said he was outside Brazil and would not return.
“Once again, we see the judiciary overcome constitutional limits to pursue conservative parliamentarians. When the voice of the majority is silenced by decisions of the few, we are no longer in a democracy – we are in a state of exception,” he said.
In resumers, however, many parliamentarians, even from the PL, are not so willing to mobilize for the defense of the deputy. An ally of Zambelli attributes this to (PL) gesture to put the deletion of the 2022 () election in the parliamentarian and break relationships.
Bolsonaro did not comment on the arrest request – Michelle, neither the PL nor the PL woman. Licensed deputy Eduardo Bolsonaro (PL-SP) shared news about the case, but more to reinforce criticism of Moraes than as solidarity with the deputy.
Since the 2022 election, she has been living what she classified as “Astral Hell”-when the episode of armed persecution was classified by the former president’s campaign as a negative inflection point. Bolsonaro even said that Zambelli “took our mandate.”
In an interview with Sheet In March this year, the deputy said she was abandoned by the former president and disagreed with the assessment that she was guilty of the defeat.
“Not only did I like other people also lost the president’s friendship [Bolsonaro] The moment they needed, “he said.
Moraes ordered the deputy’s pre -trial detention, in addition to blocking his assets and the inclusion of the parliamentarian’s name in Interpol’s red diffusion list.
The decision occurs to comply with a request from the PGR (Attorney General of the Republic). Moraes states that Zambelli’s trip out of the country represents “the escape of the district of guilt.”
Initially, when he announced that he would be abroad and would not return, Zambelli said he was in Europe without specifying the country. He then confirmed to CNN that he was in the United States, but said he would leave for Italy, where he has citizenship.
Carla Zambelli na Mira
Pre -trial detention
On Wednesday (4), Minister Alexandre de Moraes, of the Supreme Court (STF), accepted the request of the PGR (Attorney General’s D (PL-SP), Blocking its assets and its inclusion in Interpol’s red diffusion list, which brings together fugitives from justice in several nations.
The Attorney’s Office also requested the “kidnapping and unavailability of accused’s assets, rights and values” to “ensure the reparation of the damage.”
Zambelli said he left Brazil on Tuesday (3), less than a month after being sentenced unanimously to ten years in prison by the first class of the STF.
Prison sentence
In May, the first class of the Supreme Court unanimously condemned Zambelli to ten years in prison, in addition to the loss of his mandate, for(National Council of Justice) with the help of hacker Walter Delgatti and ideological falsehood. The objective would be to issue false release permits and provoke confusion in the judiciary.
It is still possible to appeal to the Supreme Court, and the prison and loss penalties should only be applied after the final judgment (when no further appeals are possible). The ineligibility, however, is automatic by the Clean Record Law, and is already valid with the decision of the first class.
Semi -open
In March, the STF formed a majority to for illegal possession of firearms and illegal embarrassment. On the eve of the second round of the 2022 elections, the parliamentarian threatened to shoot a man in the gardens in the west of São Paulo, after being, she said, harassed by a leftist militant. Zambelli denies all the accusations and says he is a victim of persecution.
Revoked mandate
In January, the TRE-SP (Regional Electoral Court) decided l. The punishments were canceled the mandate and ineligibility for eight years, counted from the year of the 2022 election.
The final decision of the Paulista Court is the final decision to the TSE (Superior Electoral Court), and the effects of the Court’s decision are only valid after the exhaustion of appeals. In December, the court had already formed a majority in this regard, but the trial had been suspended due to a request for view (more time for analysis). The electoral judicial investigation action was filed by federal deputy Sâmia Bomfim (PSOL-SP).
