The Federal Supreme Court (STF) formed a majority to make Bolsonarist federal deputy Carla Zambelli (PL-SP) defendant for the crimes of illegal possession of a weapon and illegal embarrassment with the use of a firearm. The deadline for the ministers to demonstrate in the virtual plenary ends this Monday (21), but the Court formed a majority to accept the complaint on Friday (18), with a score of 9 to 2.
The accusation refers to an episode recorded on October 29 last year, on the eve of the second round of elections, when Carla Zambelli pulled a gun and chased a black man, in the central region of São Paulo.
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Only the ministers appointed to the STF by former President Jair Bolsonaro (PL), André Mendonça and Kassio Nunes Marques, voted against the admissibility of the complaint filed by the Attorney General’s Office (PGR).
Both argued that the case should be analyzed by the Justice of São Paulo, and not by the STF. “In the present case, the action of the accused, although a federal deputy, was not related to the exercise of her functions. She was, as it appears from the records, in a restaurant in São Paulo, when, after provocations and discussion about who would win the presidential elections, she would have committed the crimes ”, says an excerpt from André Mendonça’s vote.
For Gilmar Mendes, however, there is enough evidence for the case to be processed by the STF. “The defensive argument, for the time being, is not supported by the evidence acquired in the case file, prevailing the guideline set in the judgment of the Regimental Appeal. Therefore, I maintain the jurisdiction of the Federal Supreme Court to hear and judge the complaint, pursuant to art. 102, I, “b”, of the Federal Constitution”, wrote the minister in his vote.
Federal deputy Carla Zambelli (PL-SP) pulled a gun in the middle of the street in São Paulo and left with the revolver pointed towards a man inside a bar. She says she was assaulted, but another video shows the moment she fell as she and her team chased the man. pic.twitter.com/TuhtpBH4f2
— Brasil de Fato (@brasildefato) October 29, 2022
In addition to the conviction provided for the crimes, the PGR asked for the payment of compensation of R$ 100,000 for collective moral damages and the definitive cancellation of the possession of a firearm.
In the complaint presented to the STF, the Deputy Attorney General of the Republic, Lindôra Maria Araújo, argues that Zambelli, “with free and conscious will”, carried the weapon “outside the limits of the authorization of personal defense, in disagreement with legal determination or regulate”.
“Although Carla Zambelli Salgado de Oliveira carries a permitted use of a firearm for self-defense, she does not have authorization for the ostensive handling of weapons on a public road and in a place open to the public against a commoner who did not pose any harm, a threat or concrete danger to the life or physical integrity of you or third parties”, said the deputy PGR.
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In a press release released on August 11, Zambelli’s defense stated that she was having lunch with her son, on October 29 last year, when she would have been “cursed, offended, vilified, affronted and threatened by a third person who even is being investigated for these facts.”
“It should be added that the Deputy only acted within the regular exercise of her Law, and, moreover, had a registration and carried a weapon, granted by the public authorities, carrying it on that date due to the dozens and various death threats, as well as threats to her physical integrity and that of her son,” said attorney Daniel Bialski.
Editing: Rodrigo Chagas