Minister Alexandre de Moraes, of the Supreme Federal Court), determined on Saturday (7) the definitive arrest of the licensed deputy (PL-SP), in closed regime, after the final judgment of the conviction.
The decision also reaches the decision, which should begin compliance with the sentence after medical examinations.
As Zambelli is on the run and, according to the Federal, is in Italy, Moraes ordered that the formalize the extradition request, based on the treated between Brazil and Italy. The documents must be sent in Portuguese and officially translated to the Italian.
The decision also provides for the loss of Zambelli’s parliamentary mandate, with immediate communication to the president of, Hugo Motta (Republicans-PB), as determined by the Constitution.
This Friday (6), the first class of unanimously denied the resources of Zambelli and Delgatti against (National Council of Justice).
The judgment of their appeals occurred virtually and had a deadline for closing on Friday night. The rapporteur was the first to vote and was accompanied by the ministers, and.
With the unanimous decision, the Supreme Court ends the case against Zambelli and decrees the beginning of the prison sentence and the loss of the parliamentarian’s mandate. No more appeal against the conviction.
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 unanimously decided in the first class of the Supreme Court on May 15.
In this Friday’s vote, Moraes said that the condemnation of Zambelli has “pedagogical and preventive function, which boasts evident punitive and preventive character, avoiding criminal reiteration.”
The minister also stated that the defenses “actually seek to rediscuss points already decided by the Supreme Court […] and reveal mere nonconformity with the conclusion adopted. “
Moraes voted for the appeal to be considered merely delaying – and thus argued that the Supreme Court ended the process immediately, starting to serve the sentence.
It is a change in the jurisprudence of the court. Since the monthly process, completed in 2014, the Supreme Court recognizes as delayes only the second appeals denied by the plenary or the court classes. In the case of Zambelli, this is the first embargo against the conviction.
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 had argued to the Supreme Court that the condemnation of the parliamentarian was in contradictions and requested the reversal of the sentence or, at least, the reduction of the parliamentarian’s penalty. All claims were denied by Moraes.
