The leader of the Liberal Party (PL) in the Chamber of Deputies, Sóstenes Cavalcante (RJ), declared this Sunday (12/14) thatand the resignation of the parliamentary mandate of federal deputy Carla Zambelli (PL-SP), was not “improvised” and was the result of a “strategic” decision. According to the politician, she resigned to preserve her political rights.
Zambelli formalized, this Sunday, the resignation from the post of secretary general of the Council of the Chamber of Deputies. The information was confirmed by a note published by the Chamber itself.
Resignation is the means that the deputy – imprisoned in Italy – found to avoid being dismissed.
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“The resignation was neither impromptu nor emotional. It was a strategic decision in the face of a shameful decision by the STF, which ignored due legal process and advanced fundamental constitutional guarantees. By resigning before the conclusion of the dismissal, Carla Zambelli preserves her rights, expands the possibilities of defense and avoids the most serious consequences of a trial clearly politicized, gaining legal leeway to seek freedom and stay in Italy,” Sóstenes said.
“It is not an escape. It is a legal calculation in an exceptional environment. When the Court loses its impartiality, strategy becomes the only form of protection against arbitrariness,” continued the leader.
Last Thursday (11/12), the Minister of the Supreme Federal Court (STF) Alexandre de Moraes annulled the decision of the Chamber which rejected the dismissal of Zambelli and ordered the immediate loss of the deputy’s mandate.
During the plenary vote, 227 parliamentarians voted in favor of impeachment, 110 against and 10 abstained. The result not having reached the necessary 257 votes, the complaint for revocation ended up being archived. Moraes’ order, however, changed the House’s understanding and reversed the outcome of the decision.
Conviction
Zambelli was sentenced by the first college of the STF to 10 years in prison for having participated in the invasion, with hacker Walter Delgatti Neto, of the systems of the National Council of Justice (CNJ). She has been imprisoned in Italy since July, after fleeing Brazil. In seclusion, the parliamentarian can neither vote nor exercise her mandate, which, until then, was maintained by the Chamber.
According to Moraes, the deliberation of the Chamber, which rejected the loss of Zambelli’s mandate, “took place in flagrant violation of Article 55, III and VI, of the Federal Constitution.”
“It is a void act, due to obvious unconstitutionality, demonstrating both a lack of respect for the principles of legality, morality and impersonality, as well as a flagrant deviation from the goal,” he considered.
The minister considered that, as provided for in the Federal Constitution, it is the judicial power which determines the forfeiture of the mandate of a parliamentarian found guilty of a criminal offense which has become final and without appeal.
Substitute
With the resignation made official, the President of the House, Hugo Motta (Republicanos-PB), ordered the call of replacement Adilson Barroso (PL-SP) to fill the position left vacant by Zambelli.
The measure follows the internal regulations of the Chamber and the electoral legislation, after official communication from the General Secretariat of the Council.
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