Imprisoned in Rome, former federal deputy Carla Zambelli (PL-SP) changed cells after being attacked by colleagues serving sentences in the same prison unit. Zambelli was attacked by other inmates on at least three occasions before September.
According to the former parliamentarian’s lawyer, Fábio Pagnozzi, Zambelli even complained about the attacks, but the Italian prison did nothing. The allegation, according to the defense, was that staff turnover was very high at the prison.
Faced with the risk to the physical integrity of the former parliamentarian, the defense then asked her to change floors. The prison granted the change and Zambelli moved from the cell he occupied on the ground floor to an upper floor.
Arrested after fleeing Brazil to avoid serving a sentence handed down by the Supreme Federal Court (STF) in the National Council of Justice (CNJ) case, Zambelli officially communicated, on December 14, her resignation as a parliamentarian to the General Secretariat of the Council of the Chamber of Deputies.
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After his resignation, Zambelli will have his extradition request judged in Italy
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Moraes indicates the prison where Zambelli will be held in Brazil. See the photos
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Unanimously, the STF maintains the loss of Carla Zambelli’s mandate
With the formalization of the resignation, the President of the Chamber of Deputies, Hugo Motta (Republicanos-PB) ordered the call of the replacement Adilson Barroso (PL-SP), who should take office and fill the position left vacant by Zambelli, as provided for in the internal regulations and electoral legislation.
Resignation
- Resignation is a way for parliamentarians to avoid being indicted. On social media, PL House leader Sóstenes Cavalcante (PL-RJ) said the decision was “strategic” in the face of a “shameful” decision by the STF.
- On December 11, Moraes, of the STF, overturned the decision of the Chamber of Deputies and ordered the immediate loss of the deputy’s mandate. The decision was unanimously approved by the first panel of the Court.
- During the plenary vote, 227 parliamentarians voted in favor of impeachment, 110 against and 10 abstained.
- As the result did not reach the necessary 257 votes, the representation requesting the revocation ended up being archived. The Minister’s decision, however, changed the result by invalidating the understanding of the House.
- Moraes considered that, as provided for in the Federal Constitution, it is the Judicial Power which determines the loss of the mandate of the parliamentarian convicted criminally with final judgment, “and it is up to the Council of the Chamber of Deputies, under the terms of §3 of article 55 of the Federal Constitution, to DECLARE THE LOSS OF THE MANDATE, that is to say to issue a related administrative act”, he underlined in the decision.
- Before a decision was made, Zambelli resigned.
Zambelli’s conviction
Carla Zambelli was sentenced by the First College of the STF to 10 years in prison for having participated, with a hacker, in the invasion of the systems of the National Council of Justice (CNJ). She is stuck in Italy after fleeing Brazil. As a prisoner, the parliamentarian cannot vote or exercise her mandate, which, until then, was maintained by decision of the House.
For Moraes, the deliberation of the plenary of the Chamber, which rejected the loss of Zambelli’s parliamentary 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.
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