Dino convenes a session of the 1st Panel to evaluate Moraes’ decision on Zambelli
The president of the 1st Panel of the Federal Supreme Court (STF), Flávio Dino, responded to Minister Alexandre de Moraes’ request and called for this Friday, the 12th, a virtual session to analyze the decision that ordered the immediate loss of the mandate of deputy Carla Zambelli (PL-SP). The virtual trial will take place between 11am and 6pm tomorrow.
The collegiate will decide whether or not to endorse Moraes’ order that annulled the Chamber’s deliberation that rejected Zambelli’s impeachment, contrary to the highest court. According to the minister, the House’s decision is “a null act, due to obvious unconstitutionality”. The minister saw, in the deliberation that tried to free the deputy from impeachment, “disrespect for the principles of legality, morality and impersonality and flagrant deviation of purpose”.
Moraes determines Carla Zambelli’s loss of mandate and annuls the Chamber’s vote
Alexandre de Moraes considered that the vote took place in violation of the Federal Constitution
Defense says the decision to release Zambelli must be considered by the Italian justice system
Deputy has been imprisoned in Italy since June, awaiting judgment on the extradition request requested by Brazil
The order was signed as part of the criminal execution process for Zambelli, who is currently imprisoned in Italy. The deputy was convicted by the STF in two cases: the invasion of the systems of the National Justice Council (CNJ); and the episode in which he chased a man with a gun in hand. She was sentenced to ten years in prison and five years and three months in prison, respectively.
In the document, Moraes stressed that it is the Judiciary that determines the loss of the parliamentary mandate criminally convicted with final judgment, and it is up to the Board of the Chamber of Deputies to “only declare” the loss of mandate. “Edit linked administrative act”, he pondered.
When the conviction was forwarded to the Chamber, there was a determination for the Board of Directors of the House to determine the revocation of the mandate. President Hugo Motta (Republicanos-PB), however, took the case to the plenary for analysis. In a vote that took place in the early hours of this Thursday, the 11th, sufficient 257 votes were not reached to impeach the Bolsonarista.
The order cited a series of precedents in the decision, such as the convictions of former senator Ivo Cassol and former deputy Paulo Maluf. The judge also recalled Mensalão, highlighting that, in 2012, the STF decided on the possibility of automatic loss of parliamentary mandate, when there is a criminal conviction, due to the impossibility of deputies maintaining their mandate in the face of the suspension of political rights derived from the sentence.
