Italian court orders Carla Zambelli released after blocking extradition to Brazil
The Italian Supreme Court of Cassation decided this Friday (22) to reject the extradition of former deputy Carla Zambelli (PL-SP) to Brazil and ordered her release. The decision annulled the approval previously granted by the Italian Court of Appeal to the request made by the Federal Supreme Court (STF).
Imprisoned since July last year in a women’s prison on the outskirts of Rome, Zambelli faces two definitive sentences imposed by the STF. The main one foresees ten years in prison for the invasion of the National Justice Council (CNJ) systems.
The Italian court has not yet released the full ruling, but the decision represents a turnaround in the case after months of legal proceedings between Brazil and Italy.
The former parliamentarian’s defense maintained throughout the process that her Italian citizenship would prevent her extradition. In previous decisions, however, the Italian Court itself had stated that dual nationality was not an automatic obstacle to surrender to Brazilian authorities, as the two countries have had a bilateral extradition treaty in force since 1993.
Despite this, the Italian Supreme Court now understood that it should apply a criterion of reciprocity in relation to Brazil, which does not extradite Brazilian citizens. With this, the Court ruled out the possibility of compulsory sending of the former deputy.
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Court had relativized citizenship
During the process, the Italian Public Prosecutor’s Office even questioned the effectiveness of Zambelli’s ties with the European country. According to the records, the former deputy’s Italian nationality was “merely formal”, obtained by blood rights.
The argument highlighted that Carla Zambelli built her entire political, professional and public career in Brazil, without relevant social or territorial ties with Italy.
Even with this understanding, the Court of Cassation decided to bar the extradition and revoke the authorization previously granted by the Italian second instance.
The case will now go to political analysis by the Italian government. After the judicial process has concluded, it will be up to Italy’s Minister of Justice, Carlo Nordio, to formalize the country’s definitive position on the issue within 45 days.
If Nordio decides to authorize the extradition, the Brazilian government will still have 20 days to organize the transfer procedures for the former deputy.
Convictions in the STF
Carla Zambelli was convicted by the STF for hiring a hacker to insert a false arrest warrant against minister Alexandre de Moraes in the CNJ’s electronic system. The penalty set was ten years in prison.
She also received a five-year sentence for illegal possession of a weapon after chasing an armed man on the streets of São Paulo, on the eve of the second round of the 2022 elections.
The former deputy left Brazil after the convictions and resigned from her mandate in December, after the STF ordered her parliamentary impeachment.
