STF forms majority to maintain Zambelli’s gun suspension

The Federal Supreme Court (STF) formed a majority this Friday (17) to maintain the suspension of possession and the seizure of the weapons of federal deputy Carla Zambelli (PL-SP). The Court judges in the virtual plenary an appeal presented by the defense of the parliamentarian. Minister Gilmar Mendes determined the retention of weapons after Zambelli pulled a pistol and chased a man in São Paulo, on the eve of the second round of the election.

Lawyers question the minister’s decision and argue that the deputy acted in putative self-defense, when the individual reacts to an action he imagines will occur. Last month, the Attorney General’s Office (PGR) denounced Zambelli for illegally carrying a firearm and illegal embarrassment.

So far, five ministers have followed the understanding of the rapporteur: Alexandre de Moraes, Ricardo Lewandowski, Dias Toffoli, Edson Fachin and Luís Roberto Barroso. The trial began on the 10th and runs until 23:59 this Friday.

Gilmar Mendes stated that Zambelli was not arrested in flagrante delicto for the episode because it had privileged jurisdiction. “By the way, the absence of arrest in flagrante delicto of federal deputy Carla Zambelli Salgado de Oliveira resulted precisely from the incidence of the forum by prerogative of function that, contradictorily, intends to see removed at the moment. For these reasons, I reaffirm the competence of the Federal Supreme Court”, wrote the minister in his vote.