The minister, of the (Supreme Federal Court), voted on Friday (6) to deny the appeals of the licensed deputy (PL-SP) and against the (National Council of Justice).
It provides for the compliance with ten years in prison, beginning of the closed regime, and the loss of the parliamentary mandate. Delgatti’s penalty is lower, eight years and three months in prison.
The deputy was accused by the (Attorney General’s Office) to plan and command the invasion of the CNJ institutional systems, with the help of the hacker, to issue fake release and arrest warrant. The goal, according to the complaint, was to provoke confusion in the judiciary.
The conviction was decided unanimously in the first class of the Supreme Court, composed by ministers Alexandre de Moraes, Flávio Dino, Luiz Fux, Carmen Lúcia and Cristiano Zanin. The convicts only begin to serve the sentence after the process is closed, when there are no possible appeals against the sentence.
The judgment of the appeals of Zambelli and Delgatti occurs virtually, with deadline for closing on Friday night. Minister Fux accompanied Moraes. The votes of three other ministers are missing.
Carla Zambelli is on the run. She got out of Brazil at the end of May by car to Argentina, where she took a plane towards the United States. The licensed deputy has been since Thursday (5) in Italy.
With the parliamentarian’s escape, the Attorney General, Paulo Gonet, asked Zambelli’s preventive arrest to “ensure the proper application of criminal law.” Minister Alexandre de Moraes agreed with the request and determined the arrest and blockade of the assets of the deputy.
At the request of Moraes, Interpol included the name of Zambelli in his red diffusion – aist who brings together fugitives from justice as a form of international police collaboration.
The appeal against the conviction of Zambelli was presented by lawyer Daniel Bialski. He left the deputy’s defense after she announced that she left the country.
Bialski argued to the Supreme Court that the condemnation of the parliamentarian incurred contradictions and asks for the reversal of the sentence or, at least, the decrease in the penalty of the parliamentarian.
All arguments were denied by Moraes.
According to the former Zambelli Defender, the trial should have been suspended because the crimes were committed from August 2022 to January 2023-a period in which the parliamentarian had been graduated to the position of federal deputy.
The Constitution defines that the House has the right to suspend criminal action against parliamentarians for crimes committed after the diplomation to the position, with voting in the plenary and approval of the absolute majority of the House. This is what happened to Deputy Alexandre Ramagem (PL-RJ), defendant for the 2022 coup plot.
The lawyer who represented Zambelli also said that the Supreme was wrong to deny the defense access to the data collected in the cloud maintained by Walter Delgatti.
“In this path, the right to exercise the broad defense and the contradictory was rendered, by not giving access to the content of the files that were expert and that its content was used to make the final investigation report,” says Bialski.
The lawyer states that there is a lack of evidence showing that Carla Zambelli commanded the invasion of the CNJ systems. He argues that Delgatti acted alone. The PGR, however, presented evidence of the deputy’s participation in the contract, including third party payments to the hacker and messaging between the two.
The defense also says that Zambelli’s penalty was fixed on high levels improperly. Bialski’s argument is that the Supreme cannot say that the deputy is more or less guilty for the crime claiming “science of the unlawfulness of the fact.”
At this point, the lawyer rebuts Moraes’s vote in the condemnation of Zambelli. Unanimously followed, the minister defined the parliamentarian’s penalty in ten years on the grounds that she had “full knowledge of the unlawfulness of her conduct” and yet decided to commit the crime to reach the democratic rule of law.
“As a federal deputy, therefore a representative of the Brazilian people and a vow to defend the Constitution, he used his mandate and prerogatives to deliberately pay against the credibility of the judiciary,” said the minister. He still quotes Zambelli’s “contempt and disrespect” to democracy.
