STF judges this Friday appeal by Carla Zambelli; Check out the next steps of the case

This Friday (6), the first class of the Supreme Federal Court (STF) will judge, at the request of Minister Alexandre de Moraes, appeals presented by Deputy Carla Zambelli (PL-SP) and hacker Walter Delgatti Neto. The session will be virtual, starting at 11am and ending at 11:59 pm. In this mode, each minister deposits his vote in the court’s electronic system and then the result is announced.

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The appeals in question are declaration embargoes, which do not change the decision to condemn the deputy. This legal tool serves to clarify some point of the decision and, in practice, would only have the power to postpone the conclusion of the case in court. After the judgment of the embargoes, the case ends and the convicted person can be arrested to serve a sentence.

Alexandre de Moraes, rapporteur of the case, asked the judgment of the embargoes to occur on Friday, and was attended by the class president, Cristiano Zanin, who confirmed the date. The deputy is on the run from the country. Carla Zambelli was unanimously convicted by the Supreme Court to 10 years in prison for the crimes of invasion of a computer device qualified by the economic damage and ideological falsehood.

Crimes concern proven participation in attacks on the National Council of Justice (CNJ) systems and insertion of false documents, including arrest warrants and release permits.

Moraes determined the opening of a new inquiry against federal deputy Carla Zambelli to investigate possible coercion crimes in the course of the process and obstruction of criminal investigation involving criminal organization.

The minister determined Zambelli’s preventive arrest last Wednesday (4). First, she reported that she left Brazil from Argentina and from there went to the United States. Today, he said he is in Italy. At the request of Alexandre de Moraes, Carla Zambelli was included in Interpol’s red diffusion list.

In a statement and interviews, Zambelli stated that he has Italian citizenship and, therefore, would be safe in Italy or Europe against arrest or extradition requests. Brazil and Italy have a reciprocal treaty of extradition, in force since 1993 and has been triggered dozens of times since then.

According to USP Criminal Law Professor Pierpaolo Bottini, “If Zambelli returns to Brazil, he must comply with the precautionary imprisonment measure. She may claim that the fact that she has returned shows that she had no intention of escape, but it will be necessary to convince the supreme. If she remains abroad, there will be an extradition request.

It will be up to the government of Italy to decide whether to send the deputy to Brazil or keep the parliamentary there. If you decide to keep it in Italy, the government has some options: it can decide on custody while analyzing the case or leaving it free, for example.

Network Monitoring

Moraes determined that the Federal Police monitor social networks linked to the deputy and perform hearing within ten days.

The Central Bank should also inform amounts and referrals of transfers via PIX received by Zambelli in the last 30 days. Since it is outside the national territory, notification by electronic means and the presentation of written clarifications was authorized.

Repercussion in Italy

The Zambelli case already reverberates in Italian politics. On Wednesday, Deputy Angelo Bonelli, a member of the Green Alliance and Left Coalition, asked the Italian government information about a possible cooperation with Brazil and Interpol to enable Zambelli’s extradition.

“We expect a quick response from the government. Italy risks becoming a paradise for scammers,” Bonelli said in a statement. He added that Zambelli is a “Bolsonaro party exponent” and has been convicted of an STF’s unanimous decision.

The government of Italy has not yet officially commented.