The Court of Appeal of , in , will examine this Tuesday (10) the request from the defense of the former deputy (-SP) for the panel of judges responsible for analyzing her extradition process to Brazil to be replaced. The hearing is scheduled for 10 am (6 am Brasília time) and the decision is expected to be communicated in the afternoon.
The change of judges was one in the last session on the case, on January 20, after the court suspended the ongoing hearing due to lack of time to analyze a series of requests presented by its defense. One of the requests was for Eduardo Tagliaferro, former advisor to the minister at the TSE (Superior Electoral Court), to be heard as a witness.
The former deputy and her lawyer understood the postponement as a rejection of the demands and days later formalized the request for the court to be replaced. “We realized that they [juízes] they were being hostile and prejudgmental in relation to our requests, which were not met”, said lawyer Pieremilio Sammarco at the time.
For lawyer Alessandro Gentiloni, who represents Brazil in the process through the (Advocacia Geral da União), there are no grounds for changing judges. “The court did not reject Mrs. Zambelli’s requests, but requested reservation to decide on them, demonstrating balance and respect for the rights of all parties in the process,” he said.
The continuation of the hearing on the 20th was scheduled for this Wednesday (11th), when the merits of the extradition would be analyzed again by the court. However, if the change of judges is accepted this Tuesday, there is a possibility that the process will be redistributed and will need to start over. If it is denied, the extradition can be tried, but the defense promises to present an appeal.
Zambelli has been imprisoned in Italy for six months, after being on the run for two months. His extradition trial has been postponed three times since the end of November. Shortly before Christmas, the court granted more time for the defense to analyze documentation sent by Brazil about the conditions at Colmeia, the penitentiary in the Federal District where she will be detained if extradited. Previously, the defense had joined a strike and, on another occasion, the court asked for time to analyze documents presented by the former deputy’s lawyers.
If extradited, the prison time in Italy will be deducted from the remainder of the sentence to be served in Brazil.
Zambelli, who claims to be a victim of political persecution by the (Supreme Federal Court), fled the country in June to escape a ten-year prison sentence for the invasion of the (National Council of Justice) system and the issuance of a false arrest warrant against Moraes. When she was already in Italy, she was sentenced to another five years for illegal possession of a firearm and illegal restraint. The two cases make up a single extradition process.
The Rome Court of Appeal acts as the first instance in this case. After the court’s decision, the parties can appeal.
