Italian court publishes decision on Zambelli's acquittal The Italian Supreme Court of Cassation 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 underway in the Italian courts, related to the conviction of the former deputy for the crime of illegal possession of weapons and threat with a firearm (see how the case is below). See point by point what the Italian court claimed: The Court of Cassation stated that it identified "several elements" capable of raising doubts about the objective impartiality of the Federal Supreme Court (STF), which condemned Carla Zambelli. The judge's lack of objective impartiality: the central argument of the decision is the violation of the principle of impartiality. The Court states that Minister Alexandre de Moraes acted simultaneously as a member of the judging panel (judge) and as a person considered harmed (victim) by one of the crimes attributed to the deputy. Accumulation of incompatible functions: the decision states that Moraes conducted investigations, ordered arrests and precautionary measures, and subsequently participated in the trial on the merits and in the delivery of the sentence of conviction. Violation of the Bilateral Treaty: The decision is based on Article 5 of the Extradition Treaty between Italy and Brazil, which prohibits the granting of extradition if the process in the requesting State does not ensure respect for the minimum rights of defense. The Court understood that the lack of impartiality reaches the "essential core" of these rights. Insufficiency of guarantees from the Brazilian State: The Court considered that the responses sent by the Brazilian authorities were merely formal and did not address the problem of objective impartiality. Violation of constitutional guarantee: the irregularity was classified as an irrevocable violation of a constitutional guarantee, which undermined the fairness of the entire process, from the admission of evidence to the final sentence. What the STF says The president of the Federal Supreme Court (STF), Minister Edson Fachin, stated on Friday (12) that he is concerned about the decision of the Italian Court that annulled Zambelli's extradition. Fachin came out in defense of the decision of the First Panel of the Court to convict the former deputy, and stated that the ministers acted with "independence and impartiality". He also highlighted that the process followed the Constitution of Brazil. "The process and its acts took place in strict compliance with the Constitution of the Republic, due legal process, contradictory proceedings, broad defense and international commitments assumed by the Brazilian State," said Fachin. The president of the STF also stated that the conviction for Zambelli's conviction was formed in a collegiate manner [that is, with the support of the majority of ministers], and based on the evidence gathered. "In the case in question, a complaint was filed by the Attorney General's Office for the commission of crimes of hacking into a computer device and ideological falsehood. The complaint was received unanimously by the First Panel, which endorsed the monocratic decisions of the eminent Rapporteur, Minister Alexandre de Moraes, and understood that the requirements for the exercise of criminal action were present", the minister detailed in the note. Understand the case Italian court publishes decision on Zambelli's acquittal Zambelli was sentenced by the Federal Supreme Court (STF) to 10 years in prison 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 judges 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 the case's rapporteur. ➡️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 by the Supreme Court of Cassations — the last instance of Italian justice — overturned the previous ruling by the Italian Court of Appeals. As a result, Zambelli was released at the end of last month. International law: expert explains Carla Zambelli’s situation Another extradition request According to information obtained by TV Globo, the Ministry of Justice contacted the Italian central authority to ask if 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. 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. 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.