The president of the (Supreme Federal Court), reacted this Friday (12) to the Italian court’s statement in the process that denied the extradition of the former deputy (PL-SP) and defended the minister’s actions in the case.
In a sentence communicated on Thursday (11), the European country’s last instance of justice stated that it saw as problematic what it called Moraes’ double role in the process in which Zambelli ended up sentenced to ten years in prison for the invasion of the (National Council of Justice) system and for issuing a false arrest warrant against Moraes himself.
For the Judiciary, the STF did not judge Zambelli impartially.
In a statement released this Friday, Fachin said that the action against the former deputy took place “in strict compliance with the Constitution of the Republic, due legal process, contradictory proceedings, broad defense and international commitments assumed by the Brazilian State.”
He also said he was following the Italian court’s recent decision with concern.
“In the case in question, a complaint was filed by the Attorney General’s Office for committing crimes of hacking a computer device and misrepresentation. The complaint was received unanimously by the First Panel, which endorsed the monocratic decisions of the eminent rapporteur, minister Alexandre de Moraes, and understood that the requirements for the exercise of criminal action were present,” said Fachin.
“After instruction, always fully observing due legal process, the criminal action was judged to be fully valid by the panel, again unanimously, including dismissing the suspicion raised by a collegiate decision.”
In the document, to which the Sheet had access, the Italian judges write that, when analyzing the defense’s appeal and the content of the acts presented by Brazil, “multiple elements emerged that lead to doubting the impartiality, from an objective aspect, of the court that sentenced the appellant [Zambelli]”.
“This is due to the dual role assumed by Minister Alexandre de Moraes, as a member of the judging panel and as a person injured by one of the crimes attributed to the appellant, in addition to the accumulation of judicial functions performed by him in the Brazilian criminal process”, says the court.
The judges describe that Moraes was appointed rapporteur of the case at the STF and participated in decisions, including those that led to the conviction and the determination of Zambelli’s loss of parliamentary mandate.
