Extradition in Brazil
Extradition in Brazil is regulated by a complex legal system that takes into account both domestic laws and international agreements. Brazil has signed extradition treaties with many countries, but not all. This makes the issue of extraditing individuals to other states quite complicated.
But does Brazil extradite to the US?
The answer depends on numerous factors, including the citizenship of the accused, the nature of the crime, and the existence of a treaty between the countries. To understand this issue, it is necessary to comprehend what is extradition and what laws, including the Brazilian constitution, regulate this process in Brazil.
What is extradition?
Extradition is the process of officially transferring a person accused or convicted of committing a crime from one country to another for a trial or to serve prison time. It is carried out based on bilateral or multilateral treaties, and in some cases, on the principle of reciprocity for the offense committed. States may refuse extradition if the crime is considered political, if there are humanitarian risks, or if the requesting country cannot guarantee a fair trial in a proper court.
Some countries refuse to extradite their citizens, citing domestic laws that protect their rights. Countries without extradition treaties provide asylum for individuals seeking to avoid criminal prosecution, creating difficulties for international cooperation in the field of justice. Other countries, lacking extradition agreements with certain states, automatically exclude the possibility of extradition, leading to the absence of cooperation in legal matters. That creates loopholes for fugitives seeking to evade criminal proceedings and prosecution, especially if the crime committed is not recognized by other states.
Examples of countries that do not have extradition treaties with most states include:
- North Korea
- Iran
- China
- Russia
Such countries become a refuge for individuals evading justice. However, this does not mean that they cannot be arrested, deported, or subjected to other measures aimed at their return to the country of prosecution, as they may be arrested under certain conditions.
The legal framework for extradition in Brazil
In Brazil, extradition is regulated by Brazilian law and various international agreements. The extradition process is carried out by the country’s national and international obligations. This process is governed not only by the Constitution but also by several subordinate acts that detail the conditions and procedures for surrendering individuals to face punishment, which involve the relevant department and proper documents. It is important to highlight that extradition is different from expulsion or deportation, especially concerning Brazilian citizens, as it only occurs to individuals who are subject to or have been sentenced in criminal proceedings.
The main principles of extradition are enshrined in the Federal Constitution of Brazil, as well as in Law No. 13.445/2017 (Migration Law). In addition, Brazil has signed several international conventions regulating extradition procedures, such as the UN Convention against Transnational Organized Crime, which the federal supreme court references in its rulings. The Brazilian government may request the extradition of foreigners (active extradition) or decide on surrender upon request from another country (passive extradition). Brazilian extradition is subject to strict criteria, including compliance with the criminal laws of both countries, the principle of double criminality, respect for human rights, and the rights of the extradited person under the jurisdiction of both states.
The main conditions for extradition are that the crime for which extradition is requested must be criminally punishable in both countries. In addition, the requesting country must provide convincing evidence of the accused’s involvement in the crime, as well as guarantees of a fair trial to ensure that any conviction is just. However, the Constitution prohibits the extradition of Brazilian citizens, except in cases related to drug trafficking, if the offender acquired Brazilian citizenship after committing the crimes. This provision is explained by the state’s desire to protect its citizens and ensure judicial protection within the country.
Nevertheless, international obligations may influence decisions in specific cases. The extradition process in international practice requires strict adherence to legal procedures and respect for human rights in both countries, regardless of the request. In this context, international extradition plays an important role in regulating the extradition of criminals between states, ensuring justice and legal protection.
Who is subject to extradition in Brazil?
Brazil extradition applies to foreigners who have committed crimes recognized as criminal offenses in two countries. The extradition procedure in the country is governed by strict legal norms, taking into account both international obligations and domestic laws. However, there is an important exception: native Brazilian citizens cannot be extradited to another country.
Under Brazilian laws, this provision is based on the principles of protecting sovereignty and citizens’ rights, which is an important aspect of national policy upheld by the Brazilian government. According to the Constitution and Brazilian law, Brazilian nationals are not subject to extradition, except in cases where they acquired citizenship after committing a drug-related crime. This provision was introduced to prevent abuse by criminals evading punishment.
This means that Brazilian extradition is possible only for individuals who do not have Brazilian citizenship or do not fall under the exceptions provided by the legislation. In this process, it is important to consider international treaties, domestic laws, political circumstances, and the territory involved when the country requests extradition. If you require professional legal assistance regarding Brazilian extradition, particularly in cases of arrest, custody, and preventive detention, our experts are ready to provide a detailed consultation. Contact us to learn more about the possibilities of protection and the legal aspects of extradition.
Brazil has signed extradition agreements with several countries, including the USA, Spain, and Portugal. However, some states do not have a treaty with Brazil for various reasons: political disagreements, differences in legal systems, or lack of diplomatic relations through diplomatic channels. According to Brazilian laws, the conclusion of extradition agreements requires compliance with international legal standards and the presence of mutual obligations between countries on Brazilian territory.
Interestingly, Christian countries generally find it easier to sign such agreements due to the similarity of legal and cultural norms. At the same time, Brazilian laws define the principles of extradition in such a way as to take into account both parties’ bilateral interests and the protection of the rights of the accused during the extradition process as per the federal supreme court, as highlighted in various articles .
Our specialists possess deep knowledge in the field of international law and extradition issues, including how government policies affect these procedures, helping clients navigate the complexities of legal procedures while ensuring their liberty and rights.
Brazil’s agreements with non-Christian countries
The signing of agreements with non-Christian countries encounters difficulties due to differences in legal systems and levels of trust between states. Some countries prefer not to extradite suspects due to differences in judicial procedures, conditions of detention, and the possibility of the death penalty for the crime committed, and the implications it has on the life of the accused.
Brazil, as a country with strong democratic traditions, requires adherence to human rights and the principles laid out in the Inter-American Convention when considering extradition requests, particularly regarding the interests of all parties involved ensuring that each case is thoroughly examined by a tribunal or judge to protect personal liberty .
Moreover, the lack of political stability in certain regions makes signing such agreements challenging. Differences in approaches to criminal law, levels of judicial independence, and law enforcement practices also become obstacles to reaching agreements. However, Brazil is actively working on developing diplomatic ties to simplify extradition procedures and ensure the fair execution of justice for every citizen .
In recent years, efforts have been made to expand international cooperation, negotiations are underway with several countries in the Middle East and Asia, and mechanisms for alternative cooperation in the law enforcement sphere are being discussed. Nevertheless, issues concerning the protection of human rights and conditions of detention continue to remain subjects of discussion.
Consultation with lawyers on extradition
If you are interested in the issue of extradition in Brazil, it is important to consult qualified specialists with experience in international judicial procedures, especially in cases related to arrest and extradition requests . Our team of extradition lawyers is engaged in protecting clients’ interests, including issues related to preventive detention, by analyzing the legal nuances of each case.
International legal processes are complex and require professional support, especially considering the differences in the legislation of various countries and potential political factors surrounding issues of imprisonment. Experienced lawyers will help assess risks, understand the intricacies of the law, gather necessary evidence, and prepare a defense strategy that takes into account both national regulations, the execution of laws, and international agreements.
For obtaining a consultation from our team of extradition lawyers, which will help you understand the details of the case and prepare a defense, schedule a consultation.
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