The Italian citizenship of licensed federal deputy Carla Zambelli (PL-SP) can become the main obstacle to his extradition to Brazil. Arrested on Tuesday (29) in Rome, Zambelli is expected to remain detained while the Italian court analyzes the request for return made by the Brazilian government.
Although Brazil has maintained with Italy a treaty of extradition since 1989, the Italian Constitution, as a rule, prevents the delivery of its citizens to other countries. The exception is very specific cases, which opens the room for the deputy’s defense to use double citizenship as a strategy to avoid returning to Brazil.
Zambelli even asked for political asylum in Europe by claiming judicial persecution, a thesis denied by the authorities.
According to lawyer Lorena Pontes, an expert in international law, the crimes committed by Zambelli are not persecution and – so they do not fit in refuge.
“The Brazilian Constitution, the Penal Code and international treaties are clear: it is not about political persecution, but common crimes such as invasion of computerized system and ideological falsehood. This does not constitute refuge,” he said.
In addition, the trial should last months, as a “symbiosis” will be needed between the legal decisions between Brazil and Italy.
“The presence of Zambelli in Italy puts in check the scope of international cooperation. The Italian court will need to assess whether the crime by which it was convicted fits into the exceptions provided for by the country’s legislation,” Pontes said.
If the extradition is denied, Zambelli may continue to live in Italy, but will continue with the status of fugitive from Brazilian justice. If you are sent back, you should serve a closed sentence and may lose the parliamentary mandate.
