Italy judges Zambelli’s extradition amid impasse between STF and Chamber

This week, the Italian Court is analyzing the extradition of the federal deputy Carla Zambelli (PL-SP), imprisoned on the outskirts of Rome since July. The trial takes place amid the conflict between the STF (Supreme Federal Court) and the Chamber, which did not approve the revocation of the deputy’s mandate determined by the rapporteur of the case, Minister Alexandre de Moraes, a decision endorsed by the First Panel of the Court.

The trial that could determine Zambelli’s extradition to Brazil is scheduled for next Thursday (18). The deputy was sentenced by the Supreme Court to more than 15 years in prison – if you add up the two convictions she received -, in addition to losing her political rights and being ineligible under Brazilian legislation.

Last week, the Italian court suspended the extradition trial requested by the Brazilian government to await answers on the conditions for serving the sentence.

With information from the VEP (Criminal Executions Court), the STF responded on Friday (12) to the Italian Court that Carla Zambelli could be imprisoned in the Federal District Women’s Penitentiary, known as Colmeia.

It was also reported that there was never any rebellion in the penitentiary and that prisoners receive medical care and take technical courses.

According to VEP, Colmeia also maintains standards of health, safety and assistance to inmates, as determined by the Criminal Executions Law.

48 hours

After the final and unappealable conviction, the First Panel of the STF determined the loss of Carla Zambelli’s mandate and communicated the decision to the Chamber in June. Under pressure from the opposition, the president of the House, Hugo Motta (Republicanos-PB), chose to refer the case to the CCJ (Constitution, Justice and Citizenship Commission) and, subsequently, to the plenary.

In the early hours of Thursday (11), the plenary decided to maintain the deputy’s mandate after failing to reach the necessary votes for impeachment. Less than 24 hours later, Minister Alexandre de Moraes declared the Chamber’s act null and void and set a deadline of 48 hours for the substitute’s diploma.

Leak

In July this year, Zambelli was arrested in Rome, where she was trying to escape the execution of an arrest warrant issued by minister Alexandre de Moraes.

Because she has dual citizenship, Zambelli left Brazil in search of political asylum in Italy after being sentenced by the STF to ten years in prison for the invasion of the electronic system of the National Justice Council (CNJ), which occurred in 2023.

According to investigations, Zambelli was the mastermind behind the invasion to issue a false arrest warrant against Alexandre de Moraes. According to investigations, the hacking was carried out by Walter Delgatti, who was also convicted and confirmed that he carried out the work at the behest of the parliamentarian.

Italian court will also judge Tagliferro’s extradition

This week the Italian Court will also judge the extradition of former TSE (Superior Electoral Court) advisor Eduardo Tagliaferro. The trial is scheduled for Wednesday (17). He is a defendant in the Supreme Court for leaks of confidential information.

Eduardo Tagliaferro’s defense must allege that he has suffered persecution from minister Alexandre de Moraes and, therefore, defend his stay in Italy.

The former TSE advisor has Italian citizenship, permanent residence in the European country and is free to await the judgment on his stay in Italy.

At the extradition hearing, the defense must also argue that leaking confidential information would not be a crime in Italy. Furthermore, lawyers must argue that the Brazilian prison system would pose a risk of death to Tagliaferro.

The PGR (Attorney General’s Office) charged Tagliaferro with crimes of breach of functional secrecy, coercion during the process, obstruction of the investigation of a criminal offense involving a criminal organization and attempted violent abolition of the Democratic Rule of Law.

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