Supreme Federal Court Minister André Mendonça diverged from the majority, accompanying, and voted on Friday (22) to acquit the federal deputy (-SP) in the criminal action on the episode in which she on the eve of the second round of the 2022 elections.
Last week, Kassio had resumed the trial, which occurs in a virtual plenary after having.
The Supreme Court had already 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.
The score is 7×2. In this regard, the rapporteur, Gilmar Mendes, and the ministers Cristiano Zanin, Dias Toffoli, Cármen Lúcia, Alexandre de Moraes, Flávio Dino and Edson Fachin.
The ministers Luiz Fux and Luís Roberto Barroso will still vote. The trial ends at 11:59 pm this Friday.
For Mendonça, Zambelli’s stance would not constitute a crime, but only “administrative illicit”, and argues for the revocation of the deputy’s gun possession. “Thus, in the case of this particular prosecution, the defendant’s conduct is atypical and should be acquitted,” says the vote.
Kassio had also stated, in his vote, that there was no crime, but only an administrative offense of the parliamentarian.
According to him, Zambelli may have acted in disagreement with the regulation of firearm use, 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.”
Zambelli was made a defendant by the court in this case in August 2023. At the time, they voted for the opening of the 9th of the 11 ministers: The Rapporteur, Moraes, Carmen, Cristiano Zanin, Edson Fachin, Luis Roberto Barroso, Dias Toffoli, Rosa Weber, currently retired, 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.
Zambelli has already been sentenced, for another case in trial of the Supreme’s first class on May 9, to ten years in prison. In the ministers’ understanding, she commanded the invasion of 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.
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