The federal deputy’s defense in Italy Carla Zambelli (PL-SP) argues that the decision of the Chamber of Deputies not to dismiss the deputy must be taken into consideration by the Rome Court of Appeal, which will judge the extradition request made by Brazil.
Zambelli has been imprisoned since the end of July in Italy, where she fled after being convicted. The next hearing in his extradition case is scheduled for December 18.
“If the highest political authority in Brazil declares that Congresswoman Zambelli suffered injustices due to her political activities, how can the Court of Appeal of Rome not take this into account in its evaluation of extradition?”, said the lawyer to Folha de S.Paulo, this Thursday (11), Piermilio Sammarcowho defends the MP.
“I think that this decision must necessarily influence the court, which has irrefutable evidence of the political persecution suffered by the MP and will be forced to refuse extradition,” he said.
This Wednesday (10), the plenary saved Zambelli’s mandate by 227 votes to 170 – 257 were needed to dismiss her. The decision contradicted the decision of the Federal Court (STF), which condemned her to lose her mandate twice, once for undermining the system of the National Council of Justice (CNJ), which resulted in 10 years in prison, and another for illegal possession, 5 years and 3 months in prison in a first semi-open regime and the loss of the warrant for illegal possession of a firearm and illegal constraint on the use of a firearm. The sentence will be further formalized with the publication of the trial judgment.
MP’s lawyer in Italy says parliamentarians’ decision strengthens MP’s report Diego Garcia (Republicanos-PR) presented before the Constitution and Justice Commission, which spoke of restrictions on Zambelli’s right to defense and signs of political persecution.
Last week, the parliamentarian’s defense requested that new evidence be included in the extradition process that would be favorable to her, including Garcia’s opinion.
The lawyer Alessandro Gentiloniwhich represents Brazil through the Attorney General’s Office (AGU), spoke out against the inclusion of the documents, arguing that they did not meet deadline and format standards.
The Court’s decision on the acceptance of the new documents will be known on the 18th. If they are accepted, the deadline for starting the trial may be extended, so that the content can be evaluated. If they are rejected, the extradition decision can begin to be defined during this same session.
The Italian public prosecutor’s office has already ruled in favor of extradition, as requested by Brazil. The organization says all legal requirements exist to do this.
In recent days, Italian justice has sent a list of questions to the minister Alexander of Moraesof the STF, on the situation of the Brazilian prison system and on the structure to which Zambelli could be sent. This step is standard in extradition processes. According to Agência Brasil, Moraes has until Sunday (14) to respond.
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