Carla Zambelli’s defense believes that the Court’s delay in deciding on the extradition request made by the Federal Supreme Court (STF) indicates a possible victory for the former federal deputy.
According to the scenario analysis obtained by People’s GazetteItalian magistrates need more time precisely to issue a release sentence that is convincing to public opinion in the European country. Even so, lawyers foresee an intense impact on the press immediately after a possible favorable decision.
The solution to a less controversial decision, in this sense, would be a negative one based on the conditions of the Brazilian prison system, since the judges would not have to analyze the suspicion of Minister Alexandre de Moraes or the allegation that he was acting, simultaneously, as judge and victim.
Denying the extradition by judging Moraes partial would, in the lawyers’ reasoning, lead to a “domino effect” in cases in progress or even in those already closed in Brazil and in international bodies. This is because the judges would accept the thesis that the minister is, at the same time, judge and victim. The defense believes that, in this scenario, the fake news investigation and actions regarding the alleged coup d’état would be affected. There is also a prediction of political impact: in the case of a new right-wing government in Brazil, the European sentence would serve to delegitimize the Supreme Court’s actions.
SEE ALSO:
- Italian court denied all of Zambelli’s witnesses, defense reveals
- Italian court concludes hearings on Zambelli’s extradition
Benefiting Brazil would come up against Robinho case, assesses defense
A sentence that allows Zambelli to be handed over to the Brazilian authorities is considered unlikely for three reasons: the first concerns the football player Robinho. Sentenced by Italian courts to nine years in prison for gang rape, he was not extradited and is serving his sentence in Brazil. Because of this, there would be a political issue of reciprocity involved. In other words, the Court would have to explain why it gave a favorable decision to the Brazilian government if it, when it could, did not act in the same way in relation to Italy.
The second point raised by the defense concerns the allegation that Moraes was both judge and victim. In an extradition scenario, the sentence should address this point, explaining the reasons why it does not consider the thesis valid. Zambelli was convicted of allegedly paying hacker Walter Delgatti Neto to invade the systems of the National Justice Council (CNJ) and insert an arrest warrant signed by Moraes against himself.
The third point that, in the lawyers’ view, would be difficult to face is the jurisprudence of the Italian Justice itself which, according to them, has been moving for 15 years towards not authorizing extradition in similar cases.
