Italian court annuls decision authorizing extradition of Carla Zambelli in gun case; new trial will be held

The Italian Court annulled, this Wednesday (1st), the decision that had authorized the extradition of former deputy Carla Zambelli (PL-SP) in the process related to the conviction in the gun case and determined that the request presented by Brazil be subjected to a new trial.
The decision does not address Zambelli's guilt or innocence nor does it reassess the sentence imposed by the Brazilian Court.
In the extradition procedure, the Italian Court is only responsible for verifying whether the request meets the requirements set out in legislation and international treaties so that the surrender of the accused is authorized.
With the decision, the extradition process will once again be analyzed by the Court of Appeal in Rome. In practice, the case returns to the initial stage of this instance, which will make a new judgment on the request presented by Brazil.
There is still no date for the new analysis. According to Carla Zambelli's lawyers, the expectation is that the process will resume in September.
➡This is a new case against the former deputy. In May, the Italian court annulled Zambelli's first extradition request to Brazil. The decision of the Supreme Court of Cassations - the last instance of Italian Justice - overturned the previous sentence, from the Italian Court of Appeals, and she was released.
Italian court publishes decision on Zambelli's acquittal
The case involves a sentence of 5 years and 3 months in prison for illegal possession of a firearm and illegal restraint.
The episode occurred on the eve of the second round of the 2022 elections. On that occasion, the then-deputy chased, armed, a man through the streets of the Jardins neighborhood, in São Paulo (SP), after a political discussion.
The hearing at the Supreme Court of Cassation lasted around two hours. According to people linked to Zambelli's defense, the Italian Public Prosecutor's Office defended the rejection of this new extradition request.
The journalist Luan Araújo was persecuted in October 2022 by Carla Zambelli
Reproduction/TV Globo
Favorable decision
In May, the Italian Supreme Court of Cassation rejected the extradition in the case of the sentence to 10 years in prison for the invasion of the systems of the National Council of Justice (CNJ).
A Court of Cassation stated that it identified "several elements" capable of raising doubts about the objective impartiality of the Federal Supreme Court, which sentenced Carla Zambelli.
According to the magistrates, Alexandre de Moraes accumulated different functions throughout the process and acted simultaneously as a member of the judging panel and as a person considered harmed by one of the crimes attributed to the deputy.
Conviction in the STF
Zambelli's conviction in the armed pursuit case was 9 votes to 2 in relation to the crime of illegal possession of a firearm and by ten votes to one in relation to the crime of illegal restraint.
When sending guarantees to Italy for the extradition of Zambelli, Minister Gilmar Mendes stated that the "process in question was processed in a sound and regular manner, without any defect or nullity in the knowledge process that would prevent the extradition of a Brazilian citizen for a crime committed in the country and for which the full Brazilian law".

Source: G1