Rome’s appeal court again analyzes on Wednesday (27) the case of the deputy (-SP), arrested in Italy since the end of July.
At the hearing, scheduled to start at 12:30 pm local time (7:30 am in Brazil), it must be decided if the congressman will remain detained in a closed regime or if the process of his extradition in house arrest or freedom can be expected.
At the previous session, on August 13, the judge ordered a medical expert to be held to verify that Zambelli’s health is incompatible with jail, as his lawyers claim. That day she and was attended by a doctor.
The report will be presented during the hearing, after a legal doctor appointed by the court examined the deputy and his sanitary documentation. The expert will issue his assessment, and the court will decide whether or not to maintain the arrest.
According to a report, which claims to have had access to the document, the report points out that Zambelli can remain trapped, because, despite being considered complex, with depressive disorder and sleep -related difficulties, there is no risk of death. In addition, any treatments could be done inside the chain.
Zambelli is in the Rebibbia Women’s Penitentiary, where there is overcrowding, with about 100 more prey than total capacity.
The expectation of the defense is that the judge determines that the deputy complies house arrest. By Italian law, this decision is possible even for people who have no fixed residence in a city. Zambelli fled to Italy in early June and, when he was arrested, lived in a rented apartment in Rome.
For the Italian court, for a place to be validated for a house arrest, it is enough to be a legitimate domicile, regardless of whether it is leased, rented or loaned. The important thing is that it is a valid and legally blameless address.
In its decision, however, the Court may take into account the connection of the person with the indicated address and the risk of escape.
“It is obvious that someone who is rooted in the territory, because there is a five -year rental contract, because he has family here or because he works here, he is a better candidate for house arrest than a person who has arrived by plane a month ago and rented a house,” he says to Sheet Alessandro Gentiloni, Italian lawyer who represents Brazil, through the AGU (Attorney General of the Union), in the extradition process.
Gentiloni said he shared from the Italian prosecutor’s thesis, which manifested himself against the home. “You [Zambelli] It has no stable connection with the Italian territory and, above all, left Brazil not to face the consequences of the conviction, “he said.
The judge may also determine other less restrictive measures than jail. There are cases where the person is obliged to attend frequently (even more than once a day) to a police station or simply not to leave the city or the country.
According to the lawyer, the eventual permanence of Zambelli in jail may have the effect of a greater speed on the extradition process, predicted, experts, to last between one and two years. “There is a huge difference if one expects extradition in freedom or not,” says Gentiloni.
If she remains detained, the deadlines in Italian courts may be shorter, and the decision of Rome’s appeal court, says the lawyer, may leave until the end of October.
Then, the funds will be analyzed by the cassation court, which, in the case of a detained person, can take between three and four months to decide. Finally, the Italian government, after the final decision of justice, has 45 days to give the last word about extradition.
Zambelli fled to Italy to escape the conviction of ten years in prison determined by the Supreme Court (STF). She was accused of participating in the invasion of the CNJ (National Council of Justice) system to issue a fake arrest warrant against Minister Alexandre de Moraes of the STF.
His defense in Italy, to avoid extradition, intends to demonstrate that the process has “anomalies”, such as the fact that “the victim of the alleged crime was the same person who made the sentence, who decided to execute the judgment and decided the appeal,” said lawyer Pieremilio Sammarco. Zambelli says he is a victim of political persecution in Brazil.
Last Friday (22), she was arrested in a semi -open regime for another case, referring to the episode in which she drew and pointed to a gun to a man on the eve of the second round of the 2022 elections.
