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Extradition in Brazil is the formal surrender of a person to a foreign state for prosecution or punishment for crimes. The process is primarily governed by the Brazilian Constitution, international treaties, and domestic procedures. Brazil operates under a treaty-based framework, not unilateral extradition of its own nationals.
Key features include that extradition requests depend on a valid treaty with the sending state and that the executive branch, with judicial participation, handles the process. The Supreme Federal Court plays a central role in deciding on extradition matters involving foreign requests. In practice, the procedure also involves defense rights, notice, and opportunities to appeal, in line with due process standards.
Understanding the baseline rules helps individuals assess whether an extradition request may apply to them, and what legal options exist to contest or manage the process. This guide highlights practical considerations, Brazilian legal sources, and steps to obtain qualified legal counsel.
“Extradition in Brazil is fundamentally treaty-based and requires judicial involvement and, in many cases, authorization or oversight by the legislative branch.”
Source: Constitutional basis - Planalto
This section identifies core legal frameworks that govern extradition in Brazil. The rules are shaped by constitutional provisions, procedural codes, and international treaties ratified by Brazil. You will see how these sources interact in real-world extradition decisions.
The Federal Constitution sets the framework for extradition, emphasizing treaty-based arrangements and the protection of Brazilian citizens. Extradition requires adherence to international commitments and the executive’s oversight, with judicial involvement in the process. It also restricts extradition of Brazilian nationals except under specific constitutional provisions or treaty terms.
Brazilian extradition practice relies on the Constitution's provisions regarding foreign relations, due process, and the roles of the executive and judiciary. For an official text, see Planalto's Constitution page.
“Extradition in Brazil is governed by constitutional rules and international treaties, with judicial safeguards for the accused.”
Source: Constitutional text - Planalto
The primary domestic procedural framework is the Código de Processo Penal, historically known as Decreto-Lei 3.689/1941. This code governs how extradition requests are processed within Brazilian courts, including the roles of defense, evidence review, and appeals. The CPP situates extradition within the general criminal procedure while respecting treaty obligations.
Brazilian extradition decisions frequently involve the Supreme Federal Court (STF) as the competent authority to authorize or deny surrender to a foreign state. You can review the CPP’s role in extradition through official statutes and jurisprudence referenced by Planalto.
“Brazilian extradition procedures are executed within the framework of the Código de Processo Penal and relevant treaties.”
Source: Código de Processo Penal - Decree-Law 3689/1941
Extradition in Brazil is primarily treaty-based, validated by international agreements ratified by the Brazilian Senate and overseen by the Ministry of External Relations (Itamaraty). Treaties set the conditions for surrender, including grounds, procedures, and safeguards. Brazil’s approach emphasizes compliance with treaty terms and judicial oversight.
For treaty-related guidance and official positions, consult Itamaraty’s information on international cooperation and extradition.
“Extradition under Brazilian law depends on valid treaties ratified by the National Congress and implemented through judicial processes.”
Source: Ministry of External Relations - Itamaraty
Extradition is the formal surrender of a person to another state for prosecution or punishment. It applies when a foreign state has a valid treaty with Brazil and a formal request is approved through judicial and executive channels.
Foreign authorities initiate the process by submitting a formal request to the Brazilian authorities, typically through the Ministry of Justice or the Supreme Federal Court, depending on the case. The request must reference the treaty terms and include evidence.
Commonly required documents include a formal extradition petition, certified translations, crime details, indictments or charges, arrest warrants, and proof of the applicant’s identity. The exact list depends on the treaty and court requirements.
Timelines vary by case complexity and treaty provisions. Initial judicial review can take weeks, while full resolution may extend to several months. Complex cases with appeals may last longer.
Brazil generally does not extradite its own citizens, but there are exceptions under constitutional rules or treaty terms. The STF evaluates such cases with careful consideration of national interests and human rights standards.
Yes. The person may challenge the extradition in court, request habeas corpus, or argue on grounds such as lack of treaty coverage, dual criminality, or human rights concerns. Defense counsel is essential.
The STF often reviews extradition decisions, particularly in cases involving foreign states or Brazilian nationals. It determines admissibility, legality, and compliance with treaty terms.
Costs vary by law firm, case complexity, and location. Typical fees include a retainer, hourly rates, and potential court costs. Ask about estimated total costs during an initial consultation.
Extradition refers to surrender to a foreign state under a treaty. Surrender can be used in some contexts to describe a formal handing over, often in treaty-based procedures. Both involve legal review and due process.
Yes. Timely appeals, stays of execution, and emergency injunctions can delay surrender. Courts assess whether appeal grounds merit continued protection of rights.
While not required, a local lawyer experienced in international criminal law improves access to Brazilian procedures, procedural timelines, and treaty interpretation. They help protect rights during hearings.
After approval, the transfer typically occurs within days to weeks, depending on logistical arrangements and the sending country’s readiness. Practical factors can cause variances.
These official resources provide primary information about extradition processes, treaties, and judicial decisions in Brazil.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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