The hearing that will result in the first decision on the extradition of the deputy (-SP) should take place by the beginning of December at . The date has not yet been set by the Rome Court of Appeal, but the countdown for it to be fixed began following the opinion of the Public Prosecutor’s Office, last Wednesday (22).
In the document, the body expressed its support for extradition to Brazil, as requested by the government. The Prosecutor’s Office argues that all legal requirements for extradition exist, without any impeding reasons.
According to the treaty between Brazil and Italy on the subject, among the requirements, the crimes for which the person is convicted must be punishable in both countries with a custodial sentence. Another point is that only a convicted person who has had the minimum defense rights guaranteed in their country of origin can be extradited.
Lawyer Pieremilio Sammarco, who defends Zambelli in Italy, is still preparing his argument, but told the reporter this Friday (24) that he intends to reinforce the line that the congresswoman is a victim of political persecution.
He had already stated that, to avoid extradition, he intends to demonstrate that the process is problematic due to the fact that “the victim of the alleged crime is the same person who made the sentence, who decided to execute the sentence and who decided the appeal”, in reference to STF minister Alexandre de Moraes.
The document from the Italian Public Prosecutor’s Office mentions both the , of ten years in prison, referring to the invasion of the CNJ (National Council of Justice) system and the issuance of a false arrest warrant against Moraes, and the second, for , which gave him another five years. The two cases make up a single extradition process.
At the decisive hearing, which should take place between the end of November and the beginning of December, the representative of the Public Ministry will be the first to speak, followed by the representative of Brazil and the defense. Zambelli can speak if he wants. The decision will be made by the court’s judges, and the defense will then be able to appeal. The final say will rest with the Italian government, through the Ministry of Justice.
Since being arrested in Italy at the end of July, Zambelli has had two unfavorable decisions in the Italian courts. The Court of Appeal, where the case is being processed, rejected the defense’s request that she await the extradition process under house arrest or freedom. The court assessed that there was a risk of flight. This month, the Court of Cassation, the last instance, denied the appeal and kept the parliamentarian in the Rebibbia penitentiary system.
