Nunes Marques disagrees with the majority of the Supreme Court and votes against the conviction of Carla Zambelli.
The minister was the only one to vote against; a majority of the Supreme Court has already formed in favor of a five-year sentence and loss of office.
247 - The session of the Supreme Federal Court (STF) judging the case of federal congresswoman Carla Zambelli (PL-SP), who is currently on leave, resumed with the vote of Justice Nunes Marques, who opposed the conviction of the congresswoman for the crimes of illegal possession of a firearm and unlawful coercion. Despite this dissenting opinion, the process already has a majority in favor of a five-year prison sentence and the loss of Zambelli's mandate.
According to a newspaper report The GlobeNunes Marques was the first to vote in the resumption of the trial and opened the dissenting opinion in the virtual plenary. The minister had requested a review of the case in March, which interrupted the previous analysis of the criminal action.
How the case reached the plenary session.
Brazil's Attorney General's Office (PGR) accuses Zambelli of illegal possession of a firearm and unlawful coercion with the use of a firearm. The indictment describes how, on the eve of the second round of the 2022 elections in São Paulo, the then-congresswoman pursued journalist Luan Araújo after an exchange of provocations during a political event. Zambelli denies the accusations.
What did the rapporteur, Gilmar Mendes, say?
Most of the justices agreed with the rapporteur, Gilmar Mendes, who stated that armed resistance to provocation has no legal basis. In his opinion, Mendes said: “By entering the commercial establishment with a gun in hand pointed at Luan, repeatedly ordering him to lie on the floor, the defendant clearly forced him to do something against his will, using the firearm to subdue him through serious threats, momentarily restricting his freedom.”
Votes for conviction
In addition to Gilmar Mendes, ministers Luís Roberto Barroso, Alexandre de Moraes, Cármen Lúcia, Flávio Dino, and Cristiano Zanin have already voted for conviction. These positions consolidate the majority in favor of imposing a five-year prison sentence and decreeing the loss of office, as had already been reported by various media outlets throughout the trial.
Arrest in Rome and extradition request
On July 29, Zambelli was arrested in Rome while attempting to evade an arrest warrant issued by Alexandre de Moraes in another case related to the National Council of Justice (CNJ). The Italian courts decided to keep her detained. Holding dual citizenship, the congresswoman left Brazil in May and requested political asylum in Italy. The Brazilian government has requested her extradition, which will be reviewed by the Italian judiciary, with no deadline for a decision.
