The minister diverged from most ministers on Friday (15) and voted to acquit the deputy (-SP) in the criminal action on the episode in which she on the eve of the second round of the 2022 elections.
Kassio was the trial.
At the time, however, the Supreme Court formed a majority to condemn the parliamentarian to 5 years and 3 months in prison, in an initial semi -open regime, and the loss of parliamentary mandate for illegal possession of firearms and illegal embarrassment with the use of a weapon.
In this regard, the rapporteur, Gilmar Mendes, and the ministers Cristiano Zanin, Dias Toffoli, Cármen Lúcia, Alexandre de Moraes and Flávio Dino. The ministers Luiz Fux, Luis Roberto Barroso, Edson Fachin and André Mendonça will also vote.
In his vote, Kassio stated that there was no crime, but only an administrative offense of the parliamentarian.
According to him, he may have acted in disagreement with regulating the use of firearms, but was allowed to possess the gun.
In this hypothesis, he says, “in theory, residually, by virtue of the principle of criminal legality and typicality, only the administrative offense, which may result in the revocation of authorization and seizure of the weapon.”
“In short, the defendant’s acquittal in relation to the crimes imputed to him in the complaint is a measure that the conduct, duly proven in these records, is certainly imposed, do not fit the criminal types. [porte ilegal de arma e constrangimento ilegal com emprego de arma de fogo]“, these.
Zambelli was made a defendant by the court in this case in August 2023. At the time, they voted for the opening of criminal action 9 of the 11 ministers: the rapporteur, Moraes, Carmen, Cristiano Zanin, Edson Fachin, Luis Roberto Barroso, Dias Toffoli, Rosa Weber and Luiz Fux.
At the time, she said in a note she had “total confidence in justice and I believe that, with the full clarification of the facts, my innocence will be proven.”
The accusation of the Federal Prosecutor was made after the episode in which in Sao Paulo, on October 29, 2022, on the eve of the second round of the presidential election.
At the time, the deputy after a discussion in the Jardins neighborhood of São Paulo. A parliamentary security guard even shot and was arrested by the Civil Police.
“The possession of firearm granted to the accused turns to his self-defense, which is why the bearer cannot enter with weaponry in public places, nor to lead him ostensibly, except, of course, if necessary to secure his own defense or third parties,” Gilmar said in his vote for the conviction.
“This is not the case, however, the case of the case. The probative collection is noted that the federal deputy did not get the firearm and began to lead it ostensibly on public roads to ensure his safety and physical integrity, but to persecute the offended already on the escape route.”
Zambelli has already been convicted of another case in trial of the Supreme’s first class on May 9, ten years in prison. In the ministers’ understanding, Zambelli commanded the invasion of the institutional systems of the CNJ (National Council of Justice), with the help of hacker Walter Delgatti. The objective would be to issue false release permits and provoke confusion in the judiciary.
In June, she fled to Italy and was considered a fugitive from Brazilian justice. At the end of July, in an apartment in the Aurélio neighborhood of Rome. It was sent to the, where 369 women are, almost a hundred more than the total capacity.
The local court has decided that it should remain arrested in a closed regime during the. The processing can last from one to two years, experts say.
