Nikolas about Zambelli’s arrest: You don’t have to like her to admit that it’s illegal

Federal Deputy Nikolas Ferreira (PL-MG) came out in defense of Deputy Carla Zambelli (PL-SP) in a post published this Wednesday, 4, in his X (former Twitter) profile. The parliamentarian of Minas Gerais stated that “you do not need to like it (Zambelli) to admit that this is an illegal act.”

“The Constitution only allows the arrest of deputies in case of flagrant unenforceable crime – and yet, determines that the House of Representatives decide on the legality of the arrest within 24 hours. Even so, Minister Alexandre de Moraes decreed the pre -trial detention of deputy Carla Zambelli without blatant crime and unauthorized the House,” he said in the publication.

Nikolas’ thesis, however, does not apply to this case. “The forecast on the arrest in the event of a nonsense crime (for deputies) serves only for arrests in the act. It is not intended (prevents) that other modalities of procedural arrest, such as provisional or temporary, are called by the judiciary,” explains lawyer Fernando Nasser.

“These measures (provisional and temporary imprisonment) often necessary for the process itself to exist. Imagining the traditional hypotheses of provisional arrest, as an attempt to escape, which is the case, there is no way to consider that the judiciary could not, in these situations, determine the arrest,” he concludes.

Nikolas Ferreira asks that the president of the Chamber of Deputies, Hugo Motta, submits the decision to revoke Zambelli’s mandate to the plenary. “It is not about protecting a person, but of defending the rule of law in the face of another serious violation of constitutional guarantees,” he argues. For Nasser, cases of provisional arrest need not be analyzed by the House.

The lawyer also points out that “measures understood as milder, but seek to give effectiveness to the process, such as the ban on accessing social networks or blocking goods, I see no problem that the minister determines. Of course, regarding the mother and child’s social networks, as these people are not part of the process, it is necessary to have a plausible justification, for example, whether these networks are used by the deputy or to send reversal”.

Lawyer Alberto Rollo points out that “the entire reasoning of Carla Zambelli’s trial in the Supreme Court took into account that the crimes were committed before the election and the mandate.” Therefore, it would not be necessary to authorize the House or approval within 24 hours by the deputies.

Zambelli has his arrest authorized by the STF

This Wednesday, 4, the Minister of the Supreme Court (STF) Alexandre de Moraes complied with the request of the Attorney General’s Office (PGR) and decreed the custody of Carla Zambelli.

The minister states, in his decision, that Zambelli tried to “steal himself from the application of criminal law.” The decision also requested blocking the deputy passports, inclusion of her name on the Interpol list, that the House of Representatives suspend payments.

The deputy left the country, initially on the pretext of doing medical treatment, after being sentenced to 10 years in prison due to invasion in the electronic system of the National Council of Justice (CNJ). According to the inquiry, she would have orchestrated the invasion executed by hacker Walter Delgatti Neto, in which a false term was issued to Minister Alexandre de Moraes.

Carla said she will depart from Italy, a country in which she has nationality, and said she was “untouchable”, and will return only “when Brazil becomes a democracy”.