The request for extradition of the licensed federal deputy (PL-SP) depends on the decision of the Italian court and may take months or even years for the process to be closed.
Zambelli had been fugitive from Brazil for almost two months and this Tuesday (29).
Experts explain that there is no deadline for the completion of the process. Factors such as Italian parliamentary citizenship and the possibility of defending it claiming political persecution in Brazil may influence the decision of the Italian authorities.
Zambelli’s definitive order of arrest was issued by the Minister of the Supreme Court (STF) in June, when the deputy was already at large. Moraes ordered the formalization of the extradition request, based on the treated between Brazil and Italy.
Moraes’s decision also provided for the loss of Zambelli’s parliamentary mandate, with immediate communication to the president of, Hugo Motta (Republicans-PB), as determined by the Constitution.
The deputy was unanimously sentenced by the First Class of the Supreme Court to ten years in prison and the loss of his term, on May 14 (National Council of Justice) and ideological falsehood.
Master in Criminal Law Jacqueline Valles explains that the first step in the extradition process is up to the Minister of Justice of Italy, who triggers the diplomatic channels to verify that Brazil’s request is formally correct and if there is a cooperation agreement between the two countries.
With the validation of this initial stage, the case goes to the Italian judiciary, responsible for further analysis. In this phase, the judges evaluate if the penalty provided for in Brazil is compatible with Italian legislation.
One of the central points of the analysis is to determine whether the imputed crime is common or whether there is evidence of political persecution, which may be alleged by Zambelli’s defense. If the Italian authorities conclude that this is political motivation, extradition should not prosper.
The allegation of the defense that it was being persecuted for its political action, especially by its support for former President Jair Bolsonaro, makes the process more rigorous. The court will analyze the complaint, the defense action and the context of the trial in Brazil.
Another factor that weighs in the process is the fact that Zambelli has Italian citizenship. However, according to Valles, the extradition treaty between Brazil and Italy overlaps the right to choose to serve any penalty in the European country.
Experts explain that there have been cases where extradition was denied due to double citizenship, ie Brazilian and Italian, but there are also precedents in which the request was accepted, even under these circumstances.
The migration lawyer Wilian Knoner Campos explains that, even if the extradition is authorized by the Italian court, the defense can still appeal to the cassation court, the highest judicial instance in the country.
Only after the exhaustion of all procedures and resources, the sending of Zambelli to Brazil will be authorized. In such cases, it is common for the requesting country to send police officers to transport the extradited.
“The process does not have a fixed deadline. It is estimated that a light extradition of 4 to 12 months to complete, and may extend further in case of resources, political disputes or asylum requests,” says Campos.
Valles stresses that there are precedents in which the process lasted three to four years. “As in the Brazil Supreme Court, some judgments may drag out for years, while others are faster,” he said.
The Ministry of Justice and Public Security received on June 11 of the STF the documentation with the extradition request of Zambelli. According to government information, the DRCI (Department of Recovery of Assets and International Legal Cooperation) of the portfolio verified the compliance of the request with the Extradition Treaty signed between Brazil and Italy, promulgated by Decree No. 863 of July 9, 1993.
Then, the ministry forwarded the extradition request to the Ministry of Foreign Affairs, which referred him to the Italian Chancellery by the diplomatic way. The Chancellery in that country is the one who sends the case to the Central Authority (the Ministry of Justice of Italy) – the request is referred to the competent court to judge the case, which will decide on eventual extradition.
