Zambelli’s extradition can take up to 2 years, says the former plaintiff who acted in the pizzolato case

The professor at the University of Brasilia (UNB), regional prosecutor of the Republic and former secretary to the international cooperation of the prosecutor’s office (PGR), Vladimir Aras provides that the extradition process of the deputy federal Carla Zambelli (PL-SP) in Brazil can employ a year and a half to two years, in the best of the best hypothesis of Brazilian. Aras stresses that it speaks as a scholar of the theme and not as a prosecutor, since he does not act in the case of the deputy.

“In the worst case, it will soon be issued due to the space for the political decision, as is common in extradition,” said Aras al Estadão.

He was the secretary of international cooperation of PGR when Brazil obtained, in 2015, the extradition of the former director of Banco DO Brasil Henrique Pizzolato, who fled in Italy after being sentenced to the monthly. Vladimir Aras is also a professor of criminal procedural law at the University of Brasilia (Unb) and specialist in international criminal law.

Zambelli was arrested in Italy on Tuesday 29. With double citizenship, he fled to the country in June after being sentenced to 10 years in prison by the Supreme Court (Stf) for having requested a hacker the invasion of the National Council of Justice Systems to issue a false arrest warrant against Minister Alexandre de Moraes.

Aras explains that the next step is the equivalent of the Italian Ministry of Justice to decide whether or not to confirm Zambelli’s arrest. In this case, he will be up to the use of Rome to make a decision on the case.

So Brazil will have a period of 45 days to formalize extradition. The Italian public service and the defense of Zambelli are manifested in the trial and the Court of Appeal decides to entry. The deputy lawyers claimed that he suffers from political persecution in Brazil.

Those who forgive can still be resorted to the Court of the Cassation. “If all goes well, the Italian Ministry of Justice decides if it actually gives it to Brazil. It is a political decision. If you choose extradition, the defense can challenge the decision in the regional administrative court of Lazio and then to the Council of State,” explained Aras.

Pizzolato fled Brazil to Italy in 2013. The request for extradition was clear in the European country in February 2014. The Italian Court was clear and issued it in October of the same year. The decision was reversed after the appeal. The extradition of the former director of Banco do Brasil was built in October 2015.

The professor of international law at the USP, Alberto do Amaral Júnior explains that Italian justice will analyze whether the crimes for which Zambelli was sentenced to Brazil – the invasion of IT devices and ideological falsehoods – are also punishable by the Italian legal system.

According to him, the rules for extradition are different in Brazil and Italy. The Brazilian Constitution does not allow citizens’ extradition. “In Italy it is different. This happened with Pizzolato, who had Italian citizenship and was extradited at the request of Brazilian justice,” he said.

The jurist Wálter Maierovitch states that in case of double citizenship, the procedure is to verify which is prevalent. In the case of Zambelli, according to him, he is the Brazilian, because he built his life in Brazil and had no relevant activities in Italy.

He says that the crimes committed by Zambelli have equivalent in the Italian legal system and that the parliamentarian will not be able to support the political support of the government of the Italian Prime Minister Giorgia Meloni.

The Italian government is made up of a three-part coalition: the northern League, led by Matteo Salvini-Close in Bolsonarism, which blames Zambelli for the defeat in the 2022 elections, Força Italia, the acronym of the center-center of the foundation and presided over by the former Prime Minister Silvio Berlusconi until his death in 2023, and the Italian brothers.

“The last word comes from the executive, but Meloni has had a recent problem on the extradition of the head of a prison of Libya. He will not enter another confusion related to entry”, said Maierovitch.

Second BBCThe prime minister is investigated for the decision to expel Osama Najim, police chief and prison director in Libya and desired by the International Criminal Court (ICC) for war crimes. Najim was arrested in January in Italy, issued by the court days later and deported by the Italian government. He released his country of origin.

For the jurist, another point that weighs politically against Zambelli is the fact that the Italian parliamentarians and senators have manifested themselves for the revocation of the citizenship of the deputy on the basis of the fact that he uses the condition to achieve impunity.

Source: Terra

Rose

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