By nine votes to one, the Federal Supreme Court (STF) rejected an appeal and maintained federal deputy Carla Zambelli (PL-SP) as a defendant for the episode of gun chase in São Paulo (SP), on the eve of the presidential election last year. The trial ended this Friday (24).
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Zambelli is accused of illegal possession of a weapon and illegal restraint using a firearm. One day before the second round of the election, the parliamentarian chased a supporter of the then candidate Luiz Inácio Lula da Silva (PT) with a gun in hand in the central region of the capital of São Paulo.
In August of this year, the STF accepted the complaint from the Attorney General’s Office (PGR) and made Zambelli a defendant. On appeal, the defense argued that the deputy carries a weapon and, therefore, there would be no criminal behavior.
Now, however, the case’s rapporteur, minister Gilmar Mendes, defended the rejection of the appeal. “The decision to admit the complaint explained the understanding according to which the existence of possession, in the factual circumstances narrated by the incoactive, may not rule out the existence of the crime”, wrote the minister in his vote, which was followed by ministers Cristiano Zanin, Alexandre de Moraes, Cármen Lúcia, Edson Fachin, Dias Toffoli, Luiz Fux, Luís Roberto Barroso and André Mendonça.
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Only minister Kassio Nunes Marques voted to reject the complaint. “In this case, the accused had legal authorization, issued by the competent authorities, to carry the firearm at the time she suffered the offense, so that, in the circumstances of these cases, present, at the origin, the legitimacy of the intention to carry out the arrest of the offender in the act, there are not enough factual elements to characterize the crime in question”, Marques pointed out.
STF forms majority action against Carlos Bolsonaro
Also this Friday (24), the STF formed a majority to maintain a criminal complaint from PSOL against councilor Carlos Bolsonaro (Republicanos-RJ), son of former president Jair Bolsonaro (PL).
So far, ministers Cristiano Zanin, Alexandre de Moraes, Cármen Lúcia, Edson Fachin, Dias Toffoli, Luiz Fux, Luís Roberto Barroso and rapporteur Gilmar Mendes have voted in favor of maintaining the action. In turn, minister Kassio Nunes Marques asked for more time to analyze Carlos Bolsonaro’s defense appeal. Minister André Mendonça also needs to vote.
Carlos is the target of a criminal complaint filed by PSOL due to a post in which Bolsonaro’s son linked former deputy Jean Wyllys to Adélio Bispo, author of the 2018 stabbing of the former president.
Editing: Geisa Marques