With Fachin, the Supreme Court votes 7 to 2 in favor of imprisoning and removing Carla Zambelli from office.

247 - The Brazilian Supreme Court (STF) consolidated a 7-2 majority to sentence federal congresswoman Carla Zambelli (PL-SP) to 5 years and 3 months in prison under a semi-open regime, in addition to the loss of her mandate. The vote that broadened the majority was cast by Justice Edson Fachin, who fully agreed with the understanding of the rapporteur, Justice Gilmar Mendes. This information comes from [source missing]. Metropolis.

The criminal case concerns the crimes of illegal possession of a firearm and unlawful coercion, related to the incident in October 2022, during the second round of elections, when Zambelli drew a weapon and chased journalist Luan Araújo, a supporter of President Luiz Inácio Lula da Silva (PT), in the streets of the Jardins neighborhood in São Paulo. The indictment was filed by the Attorney General's Office (PGR) and accepted by the Supreme Federal Court (STF) in August 2023.

According to the rapporteur's vote, the sentences were unified under the terms of articles 69 and 72 of the Penal Code, totaling 5 years and 3 months of imprisonment and 80 days of fines, with the initial regime set as semi-open. The majority opinion maintains that a final criminal conviction results in the loss of the parliamentary mandate, regardless of the length of the sentence, the regime of imprisonment, or any subsequent decision by the legislative body. The rapporteur also ordered the definitive cancellation of the defendant's gun license and the transfer of the seized weapon to the Army Command.

So far, the following ministers have joined the rapporteur: Alexandre de Moraes, Cármen Lúcia, Flávio Dino, Cristiano Zanin, Dias Toffoli and Edson Fachin. The dissenting votes came from André Mendonça and Nunes Marques, who voted against the conviction. The votes of Luiz Fux and Luís Roberto Barroso are still pending, but the majority for conviction has been formed. The virtual session is open until 23:59 pm this Friday (22).

Carla Zambelli is currently imprisoned in Italy and is the subject of an extradition process in that European country. However, her detention is linked to another case: in the first half of this year, the Brazilian Supreme Court sentenced her to 10 years in prison for participating in the hacking of the National Council of Justice (CNJ) system, during which a false arrest warrant against Minister Alexandre de Moraes was inserted.

Lawyer Dora Cavalcanti, representing journalist Luan Araújo, praised the rapporteur's vote. According to her, Gilmar Mendes' understanding "accurately reconstructs the dynamics of the violence suffered by the victim." The congresswoman's defense maintains that there was a denial of due process in the proceedings.