Italian court publishes decision on Zambelli's acquittal and says that Moraes was 'victim' and 'judge'

Italian justice denies extradition of Carla Zambelli, and former deputy is released
The Supreme Court of Cassation of Italy released, this Friday (12), the reasons that led to the decision to annul, on May 22, the extradition of former deputy Carla Zambelli to Brazil.
The Italian determination concerns the extradition request made by Brazil against the former parliamentarian, based on the process in which Zambelli was convicted of invading the systems of the National Council of Justice (CNJ).
There is also a second extradition process running in the Italian courts, related to the conviction of the former congresswoman for the crime of illegal possession of weapons and threatening with a firearm (see the case below).
The Court of Cassation stated that it identified "several elements" capable of generating doubts about the objective impartiality of the Federal Supreme Court (STF), which condemned Carla Zambelli.
According to the judges, 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.
"Several elements emerged capable of raising doubts about the impartiality, from an objective aspect, of the court that handed down the appellant's conviction", says the document.
According to them, Moraes participated in different phases of the process, which, in the evaluation of the Italian Court, contradicts the principles of impartiality and judicial independence.
"As well as insufficiency and illogicality of the reasoning in relation to the accumulation of the functions of victim, judge of first instance, judge of second instance and judge of execution in the person of M.A.D.M. [Minister Alexandre de Moraes], member of the Federal Supreme Court of Brazil, in violation of the principle of impartiality and independence of the judge", says the decision, published in Italian.
File photo from 15/05/2025 of federal deputy Carla Zambelli (PL-SP) during a press conference at her party headquarters in the neighborhood of Moema, in the south zone of the city of São Paulo.
Felipe Rau/Estadão Conteúdo
Understand the case
Zambelli was sentenced by the Federal Supreme Court (STF) to 10 years in prison under a closed regime for hiring hacker Walter Delgatti to invade the Judiciary systems and include false documents.
➡One of them would be an arrest warrant against Moraes signed by himself, and an order to break the minister's own banking secrecy.
Considering this, the magistrates understood that Moraes was "victim" and "judge" in the process. Also, that he would be responsible for the investigation, due to the warrants issued by him as rapporteur of the case.
➡For the PGR, the invasion aimed to discredit the Judiciary, responsible for the electoral process, and generate an environment favorable to an institutional rupture to keep former president Jair Bolsonaro in power (PL).
The decision of the Supreme Court of Cassations - the last instance of Italian Justice - revoked the previous sentence, of the Italian Court of Appeals. As a result, Zambelli was released at the end of last month.
Another extradition request
According to information obtained by TV Globo, the Ministry of Justice contacted the central authority of Italy to question whether there is a new arrest request against Carla Zambelli related to the second extradition process, referring to the case of illegal possession of a firearm.
The episode occurred on the eve of the second round of the 2022 elections. armed, a man on the streets of the Jardins neighborhood, in São Paulo (SP), after a political discussion.
In response, the Italian authorities reported that the prosecutor's office was awaiting the publication of the Court of Cassation's decision on the first extradition request to assess whether the understanding adopted in that case could influence the analysis of the second case.
The trial of this new extradition request is scheduled for July 1st.

Source: G1