A (PL-SP) in Rome, Italy, on Tuesday (29), can accelerate the process of loss of its parliamentary mandate in Brazil. Condemned by the Federal Supreme Court (STF) to (CNJ), Zambelli had his conviction.
With this, your situation in the House of Representatives must become unsustainable. The parliamentarian today faces three possible ways to the definitive cancellation of her mandate: the via the Board of Directors of the House, a possible trial by the Superior Electoral Court (TSE) and the loss of office for excessive absences.
Direct Cassation by the Board of Directors
The first possibility is the automatic loss of the mandate by the administrative route of the House. In this model, the Board of Directors can decree the cassation without voting in plenary, based on the final conviction. This was the path adopted, for example, in 2017, in the case of former Deputy Paulo Maluf (PP-SP), after conviction for money laundering.
However, this scenario finds resistance within the House itself. Allies of the president of the house, Hugo Motta (Republicans-PB), argue that the plenary should manifest in cases such as Zambelli. The interpretation is that the Constitution guarantees parliamentarians the right to have the loss of the mandate submitted to the vote. In this case, at least 257 votes favorable to cassation would be required.
Cassation via Electoral Justice
The duplicate for the cassation of Zambelli is the trial at the Superior Electoral Court (TSE), where the deputy is the subject of a process for abuse of political power and misuse of the media during the 2022 elections.
In January this year, the São Paulo Regional Electoral Court (TRE-SP), understanding that the parliamentarian used social networks to spread misinformation about the electoral system. Among the publications pointed out by the TRE are posts with unfounded accusations of manipulation of electronic ballot boxes.
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Zambelli appealed the decision and the case is now under the rapporteur of Minister Kassio Nunes Marques on the TSE. In May, the Electoral Attorney General’s Office reinforced the request for cassation. According to the vice-electoral attorney general, Alexandre Espinosa, “the allegations that the speech is housed in freedom of expression and parliamentary immunity cannot be welcomed.”
“The STF and the TSE have understanding that there is no fundamental right to attack democracy,” Espinosa said. The tendency is that if the cancellation is confirmed by the TSE, the loss of the mandate occurs immediately and administratively, without passing through the plenary of the House-as in the case of former Deputy Deltan Dallagnol.
Loss by excess faults
The third possibility is the cassation of excessive absences, if the parliamentarian does not resume the mandate at the end of her license. Arrested in Italy and with, Zambelli will hardly be able to resume his legislative activities in Brasilia.
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This scenario has already materialized in the case of former Deputy Chiquinho Brazão, arrested on charges of involvement in the murder of councilwoman Marielle Franco. Without presenting justifications and prevented from attending the sessions, Brazão was.
Isolated politically
In addition to legal challenges, Zambelli faces a scenario of political isolation. Without active support inside the PL bench and even away from Jair Bolsonaro, the licensed deputy finds little willingness among her colleagues to save her from a possible cassation.
Still, parliamentarians resist the idea of giving up the constitutional prerogative to decide on their own mandates, which reinforces the bet that the departure by the Electoral Justice is the least conflicting institutionally.
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Meanwhile, Zambelli’s fate will continue to be discussed among the three powers – and eventually also between two countries.
