STF forms majority to maintain Carla Zambelli’s gun possession suspension – 02/17/2023 – Politics

The STF (Federal Supreme Court) formed a majority this Friday (17) to deny appeals by federal deputy Carla Zambelli (PL-SP) against decisions that suspended the carrying of weapons of the parliamentarian and determined the search and seizure of any weapons she had .

Decisions on Zambelli are made by Minister Gilmar Mendes, who submitted them for analysis by other colleagues in a virtual plenary session this week. In this judgment model, ministers cast their votes on a platform of the Supreme Court during a certain period.

Until 5 pm this Friday, ministers Alexandre de Moraes, Ricardo Lewandowski, Dias Toffoli, Edson Fachin, Luís Roberto Barroso and Cármen Lúcia had voted with Gilmar. None of them disagreed with Gilmar.

Ministers André Mendonça, Kassio Nunes Marques, Luiz Fux and the president of the court, Rosa Weber, have not yet voted.

On January 3, at the request of Gilmar and at the request of the PGR (Attorney General of the Republic), the Federal Police seized three weapons from Zambelli.

The searches were carried out at two addresses of the parliamentarian in São Paulo, in addition to the functional apartment in Brasília. Two pistols were found with the deputy, one 9mm and another 380, and a 38 revolver.

The warrants were issued by the minister after the PF consulted the weapons registration system and discovered that Zambelli had three other weapons in addition to the one delivered after the episode that occurred in São Paulo, the day before the second round of the 2022 elections.

On the occasion, the parliamentarian pulled out and pointed a 9mm pistol at a man after an argument in the Jardins neighborhood, in São Paulo. A parliamentary security guard even fired a shot during the pursuit and was arrested by the Civil Police for that.

To the STF, the federal deputy claims that she should not be judged by the Supreme Court, because the episode would not be related to her parliamentary mandate.

Gilmar, however, stated that the absence of Zambelli’s arrest in flagrante delicto, in last year’s episode, “was precisely due to the incidence of the forum by prerogative of function that, contradictorily, [ela] intends to see away for the moment”.

Another argument of the deputy is that she acted in self-defense. According to Gilmar, this argument should be analyzed “when judging the merits [do caso]with insufficient elements to accept the claim at the current procedural stage”.

“Invoked self-defense would require unequivocal demonstration, lacking in context, without prejudice to a timely assessment,” he said.