The Chamber of Deputies saved the mandate of Carla Zambelli (PL-SP), supporter of Bolsonaro, this Wednesday (10), by 227 votes to 170 – a majority of 257 votes was needed to dismiss her. The MP is imprisoned in Italy, where she fled after being convicted by the STF (Federal Supreme Court).
The decision of the plenary contradicts the previous vote of the CCJ (Constitution, Justice and Citizenship Commission), which obtained the majority due to the loss of its mandate with the help of the center deputies.
In 2022, Zambelli was the most voted MP and third overall, with more than 946 thousand voters.
On Tuesday (9), the President of the House, Hugo Motta (Republicanos-PB), announced, to the surprise of the party leaders, that he would discuss the Zambelli case the next day in plenary. It also decided that, until next week’s vacation, the Chamber would decide on the impeachment of Eduardo Bolsonaro (PL-SP) and Alexandre Ramagem (PL-RJ), in addition to the vote that suspended Glauber Braga (PSOL-RJ) also this Wednesday.
Zambelli was sentenced in May to the loss of his mandate and ten years in prison for having entered the system of the CNJ (National Council of Justice) with the help of hacker Walter Delgatti Neto, also convicted.
The plenary chamber deliberated on the loss of the mandate, after Motta understood that, according to the Constitution, Congress has the last word in the case of a parliamentarian convicted of a crime.
Motta had initially said that the Chamber Council would immediately ratify the STF order, but he withdrew under pressure from the PL and referred the matter to the CCJ in June.
The corporatism of MPs and the assessment that impeachment is a drastic measure worked in Zambelli’s favor, as in the case of Glauber. Furthermore, the vote adds to messages of dissatisfaction from parliamentarians with regard to the STF.
Zambelli’s opponents, on the other hand, recalled, during the vote, the episode in which she withdrew and pointed a gun at a man on the eve of the second round of the 2022 elections, which also earned her a conviction.
As the MP was absent from the plenary, her defense was provided by lawyer Fabio Pagnozzi, who declared that the MP, even if acquitted of the loss of her mandate, would resign.
“Zambelli was very clear: when she wins here in plenary, she will ask for her resignation, because she does not want to upset her colleagues, she just wants dignity,” he said.
“She did not commit or order an invasion of the CNJ. (…) The only evidence they consider as proof is the testimony of a hacker,” he added.
According to Pagnozzi, a decision to indict would set a dangerous precedent for deputies who, according to him, are the target of more than a hundred actions within the STF.
In the afternoon, the MP participated remotely in the CCJ, and her son was present at the committee. “The justice I am asking for today is justice so that Parliament continues to be honored. (…) I was the first to raise my voice against the dictatorship of the Federal Court,” he declared.
Deputy Diego García (Republicanos-PR), whose report in favor of the deputy was rejected by the CCJ, argued that the trial against Zambelli did not guarantee a complete defense, showed signs of political persecution and remained confidential. “This Assembly cannot endorse the decisions of the STF, it must ensure its prerogatives,” he added.
Bolsonaro’s MPs argued that Zambelli’s conviction was not fair. “There was no evidence for this conviction,” said Carlos Jordy (PL-RJ).
On the other hand, government deputies declared that the deputy, even if she maintains her mandate, will not be able to exercise it during her imprisonment abroad and that she will end up being dismissed for bad behavior. “In practice, it is already revoked,” said Lídice da Mata (PSB-BA). Others pointed out that revocation is not a good thing, but that there would be no other way out.
This was also the thesis of the report by MP Cláudio Cajado (PP-BA), approved by the CCJ. “The Chamber of Deputies finds itself facing an insurmountable situation. The criminal conviction of MP Carla Zambelli is final. The sentence is a closed regime. The parliamentarian is already detained by the Italian authorities, as determined by the STF, which absolutely prevents her from exercising her mandate.”
Zambelli fled the country, passing through Argentina and the United States before landing in Italy. After about two months on the run, Zambelli was arrested in late July in Italy.
According to the indictment, Delgatti issued a false arrest warrant for Alexandre de Moraes and said he did so at the deputy’s request. Zambelli says he did not help draft the fake document and only learned of the hacker’s invasion of the CNJ after the fact, when he received the fraudulent files from him.
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