Deputy Diego Garcia (-PR), rapporteur for the impeachment process of (-SP), presented an opinion for , convicted in two cases by the Court.
Diego Garcia declared that there is no evidence against her. The rapporteur adopted the Bolsonarista discourse and placed him as a suspect judge because he would be a victim and a magistrate. “I found elements that could constitute persecution.”
Moraes was not the only judge to decide on the conviction. A by the First Panel of the (Federal Supreme Court), including with a vote of .
The rapporteur claimed that he did not have access to the main evidence of the accusation. Garcia highlighted that he made the request and there was no approval from the STF. “What I found were suspicions, but not certainty.”
To defend the deputy, the rapporteur disqualified the hacker allegedly hired by Zambelli. He stated that Walter Delgatti was classified as a “contumacious liar” and his testimony against the congresswoman was unreliable.
According to the investigation, Delgatti invaded the justice system at the behest of Zambelli. The hacker confirmed the information and added that he was instructed to place a false arrest warrant against Moraes.
The rapporteur disqualified Delgatti, but considered statements from an ally of Bolsonarism. Former advisor to Moraes at the Superior Electoral Court, Eduardo Tagliaferro said that Zambelli was the preferred target of the STF investigation, which would reinforce the allegation of persecution.
The statement came from a man with legal problems. for the crimes of breach of functional secrecy, coercion during the process and obstruction of a criminal investigation.
Rapporteur’s corporatism
The rapporteur stated that he has the right to decide whether to accept the court’s decision to lose his mandate. He cited article 55 of the , which authorizes congressmen to evaluate cases of loss of mandate due to “criminal conviction”.
Diego Garcia said that decisions about revocation will always be like this from now on. He highlighted that the procedure will be this, regardless of the party or political spectrum of the convicted deputy.
The rapporteur took measures that dragged out the proceedings. He consulted the STF about using the cases answered in court by the deputy in the CCJ and scheduled eight depositions, including that of Zambelli herself, via videoconference.
In an interview, the rapporteur tried to justify the delay in the case. Diego Garcia cited the delay in the Italian court’s authorization to hear Zambelli in jail and in the STF’s response to the deputy’s case.
When processing at the CCJ ends, the case goes to the plenary. 257 votes are needed (out of a total of 513 congressmen) for the court to lose the warrant.
There is the possibility of further postponement. Deputies can request a review, that is, request more time to analyze the process of losing their mandate. In this case, they will have the deadline for their plenary sessions, which means that Zambelli’s impeachment should be back on the agenda next week.
Conviction and escape
Zambelli was found guilty in two cases. Both became final, which means that there are no more possibilities for appeals, and the sentence must begin. The cases are as follows:
- Hire a hacker to insert a false arrest warrant against Alexandre de Moraes into the justice system;
- Draw a gun and on the eve of the election.
The first conviction occurred on May 16. The STF ordered ten years of closed regime and loss of mandate — a measure that the Chamber has postponed.
The other STF verdict occurred in August. She was found guilty of illegal possession of a firearm and illegal restraint in another STF trial.
Upon realizing he was going to jail, Zambelli fled to Italy. She has Italian citizenship and spent months on the run until July.
Brazil requests the extradition of the deputy. The case is under analysis. At the same time, Zambelli’s defense asked for freedom, which was denied for fear of further escape.
