The rapporteur of the case of federal deputy Carla Zambelli (PL-SP) in the Constitution and Justice Committee (CCJ) of the Chamber of Deputies, Diego Garcia (Republicanos-PR), presented today (2) a report opposing the parliamentarian’s impeachment.
Zambelli was sentenced by the Federal Supreme Court (STF) to 10 years in prison, a fine and the loss of her mandate in the case related to the invasion of the National Justice Council (CNJ) systems.. The deputy fled to Italy in July, shortly before her arrest was ordered.
Zambelli is currently imprisoned in Rome, awaiting a decision from the Italian court on Brazil’s extradition request. In a more recent move, the Italian Public Ministry gave opinion in favor of extradition.
Process
THE revocation process it was forwarded to the commission, in June, by the president of the Chamber of Deputies, Hugo Motta (Republicanos-PB). In his opinion, the rapporteur stated that there was no certainty that Zambelli ordered the attack on the council system.
“Wherever there is a shadow of uncertainty, if there is a lack of evidence, let respect for the vote of almost one million Brazilians who elected her prevail,” he wrote.
The deputy accused the STF of “political persecution” of Zambelli and said that the Court’s decision was taken based on what he classified as “some files received by e-mail” and the “dubious testimony” of the hacker Walter Delgatti Netto, also convicted and arrested for invading the CNJ system.
The invasion took place on January 4, 2023, when the hacker included in the system a false arrest request against Minister Alexandre de Moraes, of the Federal Supreme Court (STF).
“Because by doing so [defender a perda do mandato]we would not condemn just one deputy. We would condemn their voters. We would silence almost a million voices who placed their hope of being represented in this Parliament at the polls. And reproducing the fruits of a political persecution that tarnished the Judiciary will only serve to tarnish the Legislative Branch as well”, explained Garcia.
The report will be analyzed this Tuesday, at a CCJ meeting. After voting on the opinion, the expectation is that the process will be taken to the Chamber plenary for the final vote. To lose the mandate, an absolute majority of votes from the 513 deputies is required.
On social media, PT leader in the Chamber, Lindbergh Farias (PT-RJ) said the Chamber Board has a constitutional duty to immediately declare the loss of the mandate of Zambelli and deputy Alexandre Ramagem (PL-RJ)who fled to the United States, after being sentenced to 16 years in prison for participating in the coup plot to annul the 2022 presidential elections. At the time, he was director of the Brazilian Intelligence Agency (Abin).
“The attempt to submit this to political deliberation is a violation of res judicata and violates the separation of Powers. The opinion presented by the rapporteur is a shameful shield, which attempts to normalize the absurdity of a group of fugitive deputies, exercising a mandate from abroad, in disagreement with the Constitution”, wrote Farias.
After the conviction, the STF determined at the end of November, in a letter sent to the Board of Directors of the House, that the Chamber must declare the loss of Ramagem’s mandatewhich has already had the sentence ordered by Minister Alexandre de Moraes.
Lindbergh Farias said that the party filed a writ of mandamus with the STF to force the Board of Directors to comply with the court decision. The warrant was distributed to Minister Luiz Fux. According to the PT leader, the procedure was wrong, due to the fact that Fux was not the preventive rapporteur of the case.
“For this reason, we will immediately file a new writ of mandamus, addressed to rapporteur Alexandre de Moraes, to force the Board of Directors to comply with the court decision, under penalty of liability. The Constitution does not allow jurisdiction to be ignored: failing to comply with the STF’s order is a crime”, he stated.
