On trial in the virtual plenary, Dean Gilmar Mendes says that the evidence gathered during the investigation is sufficient to receive the complaint in which the PGR accuses the Bolsonarista of illegal possession and embarrassment with a firearm
Minister Gilmar Mendes, of the Federal Supreme Court, voted this Friday 11, to put deputy Carla Zambelli in the dock because of the episode in which the Bolsonarista chased a black man with a gun in his hand in Sao Paulo, on the eve of the second round of the 2022 election.
In session in the virtual plenary of the STF, the ministers decide whether to accept the accusation and open a criminal case against Zambelli. In addition to the rector, Minister Alexandre de Moraes and Minister Cármen Lúcia have already expressed their views on the case, also in the sense of placing Zambelli in the dock.
At the heart of the complaint is the deputy’s conduct on 29 October last year. The deputy pulled out a pistol during an argument and ran after journalist Luan Araújo. One of Zambelli’s bodyguards pulled out a gun to intimidate the reporter and accidentally fired a shot.
According to the PGR, Zambelli “freely, knowingly and voluntarily forced” the journalist Luan Araújo, “through a serious threat with the use of a firearm, to do what the law does not impose, consisting in remaining in the aforementioned commercial exercise and lie down on the ground’.
In his vote, Gilmar stressed that the evidence gathered during the investigation is sufficient to accept the complaint, opening space for the instruction of the trial and for the judgment of the case.
The rector highlighted that, despite Zambelli carrying a weapon, ‘use outside the limits of personal defense, in a public and ostensive context, even more so on the eve of the elections, in theory, could lead to criminal liability’.
“In the specific case, from the communication of the fact to the police authority, with the acquisition of the videos of the conduct, of the testimonies, of the search and seizure of the weapons, for the purpose of admitting the accusation, the materiality is verified in relation to the existence of the event, of the weapon [apreendida]with indicators of reality regarding the alleged possession of a firearm on the eve of the elections, in a prohibited and risky situation, with the victim persecuted and subject to spatial restriction, or, in the abstract, the elements collected are sufficient for the exercise of the prosecution, subject to ascertaining the circumstances of the event during the procedural investigation,” noted Gilmar.
Source: Terra
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