The president of the Federal Supreme Court (STF), Edson Fachin, stated this Friday (12) that he is concerned about the decision of the Italian Court, which denied the extradition of former deputy Carla Zambelli (PL-SP) when he stated that he saw signs of partiality in decisions made by Minister Alexandre de Moraes.
In a note, Fachin highlighted that the STF “reaffirms its independence and impartiality in the judgment of Criminal Action No. 2,428/DF” and, therefore, “follows with concern the decision handed down by the Italian Court on matters related to legal cooperation between the two countries, highlighting that this Court has been acting with marked deference to foreign States when examining extradition requests”.
In the text, the president of the Court emphasizes that all of Moraes’ monocratic decisions were unanimously endorsed by his colleagues in the First Panel and respected all due legal process, with strict observance of the Constitution of the Republic and the right to adversarial proceedings and full defense.
“The defense of Brazilian jurisdiction, the authority of regularly rendered judicial decisions and the independence of the Judiciary constitutes an inalienable constitutional duty of this Supreme Court”, highlights the final section of the note.
This Friday (12), the Italian court announced the reasons that led to the decision in favor of Zambelli. Among the notes, the Supreme Court of Cassation highlighted the dual role of minister Alexandre de Moraes, who was said to have been “victim” and “judge” in the same case and raised suspicions about the impartiality in the conduct of the case.
In the document, the judges point out that Alexandre de Moraes accumulated different roles throughout the process as he was considered one of the people harmed by one of the crimes attributed to the former deputy.
The case cited refers to the invasion of the National Justice Council (CNJ) system. According to the indictment, Zambelli hired hacker Walter Delgatti to break the security of the judicial system and include false documents, including an arrest warrant against Moraes, signed by himself.
The action made the Italian court understand that the minister could be prevented from judging the case with bias. “As well as insufficient and illogical the reasoning in relation to the accumulation of functions of victim, judge of first instance, second instance and judge of execution in the person of Minister Alexandre de Moraes, member of the Federal Supreme Court (STF) of Brazil, in violation of the principle of impartiality”, quotes an excerpt from the document.
