The Attorney General’s Office (AGU) called the Court of Cassation, the last instance of the Italian Judiciary, this Thursday, 25th, to present the defense of the Brazilian State in a second extradition process of former deputy Carla Zambelli (PL-SP). The action is being processed in secrecy and must be analyzed on July 1st.
The filed document contains information provided by the Federal Supreme Court (STF) to demonstrate the regularity of the conviction and meet formal guarantees requested by the European court to allow the former parliamentarian to be sent to Brazil.
This is a second extradition request, relating to the case in which Carla Zambelli was sentenced to five years and three months in prison for illegal restraint and illegal possession of a firearm. On the eve of the second round of the 2022 elections, she had a disagreement with journalist Luan Araújo after a political event in São Paulo and chased him with a pistol in hand through the streets of the Jardins neighborhood.
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The AGU stated that Brazil observes the parameters established by the Extradition Treaty between the two countries and international standards of legal cooperation in criminal matters. It also reaffirmed “the Brazilian State’s permanent commitment to international legal cooperation, an essential instrument for the effectiveness of criminal jurisdiction, compliance with judicial decisions and the fight against impunity.”
Among the guarantees required by the Italian authorities are the provision of serving the sentence in the Brasília Women’s Penitentiary; the former deputy’s access to lawyers, family members and Italian diplomatic representation and the possibility of periodically sending information to the Italian authorities, upon formal request.
The new extradition request will be analyzed after the Court of Cassation rejected in May the delivery of Zambelli to Brazil in the process in which she was convicted of invading the systems of the National Council of Justice (CNJ).
In a decision released on July 12, the Italian court pointed to bias on the part of Minister Alexandre de Moraes, rapporteur of the case, as a reason to annul the extradition. According to the decision, he acted under a “double outfit”, as a judge and as a person affected by the crime attributed to Zambelli. At the time of the invasion of the CNJ system, a false arrest warrant was inserted against Moraes.
In this second process, the rapporteur is Minister Gilmar Mendes. In August last year, the STF plenary condemned the former deputy by 9 votes to 2 for the crime of illegal possession of a weapon and by 10 votes to 1 for illegal restraint. She had already left Brazil.
