(29), in Rome, after almost two months as a fugitive, the licensed deputy (PL-SP) will be interrogated by the Italian court for his arrest to be validated.
The Ministry of Justice of Italy told the Sheet that the hearing is scheduled for this Friday (1st). He also confirmed that she was taken to the female prison of Rebibbia in Rome.
At this point, Zambelli will be questioned about whether, given the existence of the international arrest warrant, I would like to be sent spontaneously to Brazil, without the need for an extradition process.
If she answers no, who opposes extradition and who wants to continue in Italy, the judge will decide what kind of precautionary measure she should comply with in the country while the extradition process is being processed.
There are three possibilities: Zambelli can continue to be imprisoned in a penitentiary, go to house arrest or wait for freedom.
Then the extradition process actually begins. “Brazil needs to submit the request between 40 days. Then the Italian Ministry of Justice sends the request to the Court of Appeal,” Sheet Lawyer Alexandro Maria Tirelli, specialized in extradition cases, including Brazil and Italy.
Although this document has already been delivered to the Italian government in June, according to the Brazilian Ambassador in Rome, Renato Mosca, the process only begins now, after the arrest of Zambelli.
From the court of appeal will come the first technical decision on the Brazilian request. Some criteria should be analyzed by the court, as if the conviction is definitive or not – Zambelli was definitively convicted by the (Federal Supreme Court) in May and had appeal rejected in June – and if she was entitled and her defense was presented.
In its decision, the court will be based mainly on the extradition treaty signed between Brazil and Italy, in force since 1993.
If the court of appeal decides for extradition, Zambelli may appeal the decision at the Court of Cassation, the maximum instance of the Italian judiciary. Also here is a technical decision.
If the cassation court maintains the decision for extradition, the case goes to the Italian government through the Ministry of Justice, which will make a political decision, evaluating not only the specific case, but also diplomatic relations between countries.
According to lawyer Tirelli, in total, the process can last from one to two years. “From the case of Henrique Pizzolato [2013-2015] And, above all, after the prison of Cesare Battisti [2019]Italy and Brazil have very fluid relations. In my view, no Italian government would want to spoil these relationships not to surrender a condemned politician, “says Tirelli.
The political factor could be favorable to Zambelli, in the decision of the Italian government, if his defense submits to serve ten years in Italy, as the deputy said. Tirelli states that, for this, there must be another procedure parallel to the extradition process, based on another bilateral treaty.
