Defense of Zambelli calls for suspension of the trial in the Supreme Court and alleges parliamentary immunity

The defense of federal deputy Carla Zambelli (PL-SP) requested the Supreme Court (STF) the suspension of criminal action in which the parliamentarian is accused of invasion of the system of the National Council of Justice (CNJ).

The request was submitted on Monday (12), with the argument that the case should be previously analyzed by the Chamber of Deputies, based on parliamentary immunity.

Last week, the first class of the Supreme Court formed a majority to condemn Zambelli to 10 years in prison, with the score of 4 to 0, leaving only the vote of Minister Luiz Fux, who has until 11:59 pm on Monday to register his vote in the virtual plenary.

The deputy’s defense is based on a recent precedent involving Federal Deputy Alexandre Ramagem (PL-RJ), whose trial was partially suspended by the House.

In the case of branch, the House of Representatives approved the suspension of criminal action against him, claiming that the Constitution protects parliamentarians against investigations and proceedings for crimes after the diploma.

However, the Supreme Court decided that immunity would apply only to crimes committed after possession, allowing the criminal action to continue in the facts before the diploma.

Zambelli’s lawyers maintain that the crimes for which she is accused occurred after her diploma as a federal deputy, which, according to the defense, would justify the prior analysis by the House.

“What is cried is that the judgment of the merits of the present criminal action is suspended due to the supervening question, to await the analysis of the request by the House of Representatives,” says the petition signed by lawyer Daniel Bialski.

The defense also reported that the Liberal Party (PL) sent a letter to the mayor, Hugo Motta (Republicans-PB), on April 29, requesting that the case of Zambelli will be submitted to the house plenary. To date, the request has not been analyzed.

Zambelli is accused of invading the CNJ system in early 2022, during his second consecutive legislature as a federal deputy, a position he has held since 2019.

The Supreme Court has not yet commented on the request to suspend the criminal action, but the final decision will depend on the vote of Luiz Fux and the evaluation of the first class.