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Extradition in Brazil is primarily a federal matter, not a municipal or state concern. In practice, São Caetano do Sul residents interact with federal authorities such as the Polícia Federal and the Ministério da Justiça e Segurança Pública during extradition proceedings. The process centers on international cooperation, constitutional rules, and applicable national laws and treaties.
Brazilian extradition law emphasizes due process and human rights protections. A key principle is that extradition is only granted for offenses recognized as crimes in both Brazil and the requesting country (dual criminality) and when supported by proper judicial authorization. Local courts in São Caetano do Sul act within this federal framework, rather than setting independent extradition rules.
Because extradition is a national matter, developments at the federal level can affect residents of São Caetano do Sul just as they would residents of other municipalities in São Paulo state. Understanding the constitutional basis, the main statutes, and international treaties is essential for anyone facing or advising on extradition cases.
Extradition decisions in Brazil require compatibility with the Federal Constitution and with international treaties to which Brazil is a party. This process is exercised by federal authorities and the Supreme Federal Court as applicable.
For authoritative texts, see the Constitution and federal statutes linked in the Resources section below.
Key point to know: Extradition is a federal procedure in Brazil and is overseen by national authorities rather than by São Caetano do Sul’s municipal institutions.
Brazil's extradition framework rests on the Federal Constitution and federal statutes. The following laws and instruments guide how extradition is requested, processed, and decided in São Caetano do Sul and throughout Brazil.
Constitutional basis: The Federal Constitution governs extradition, including when it may be granted and who has authority to decide. This is the cornerstone for all extradition actions in Brazil. For the full text, see the official Constitution at Planalto’s site. Constituição Federal - Planalto
Law No 6.815/1980 (Regulates entry, stay and removal of foreigners in Brazil) sets the framework for foreign nationals and contains provisions connected to extradition procedures. This law is a key reference for how foreign requests are managed at the federal level. Lei no 6.815/1980 - Planalto
Treaties and international cooperation: Brazil participates in extradition treaties with various states and also follows international practice for mutual legal assistance. Treaties and reciprocal agreements influence whether and how an extradition request can proceed. Official information about treaties and cooperation can be found through federal portals such as the Ministry of Justice and Security Public and related government sites. Cooperação Internacional - Ministério da Justiça e Segurança Pública
Attorney guidance draws on constitutional rules and treaty commitments, ensuring due process and proportionality in extradition cases. See official texts for precise language and current interpretations.
Recent trends and updates: Brazil has emphasized international judicial cooperation and human rights standards in extradition matters. Federal authorities frequently publish updates on cooperation with foreign states and on the handling of extradition requests in line with constitutional protections. See primary sources from Planalto and the Ministry of Justice for current practice and any changes.
Extradition transfers a person to another country to face charges for offenses punishable there. The process is governed by the Federal Constitution and federal law, with federal agencies coordinating the request.
Contact a local lawyer who specializes in extradition. The process typically begins after a foreign authority submits a formal extradition request to Brazilian authorities and is evaluated by the STF or relevant federal bodies.
Yes. A qualified attorney helps assess dual criminality, human rights considerations, treaty applicability, and procedural steps throughout the process.
Costs vary by case complexity, attorney rates, and court procedures. Typical expenses include legal fees, translations, and possible expert testimony, but a lawyer can provide a clear estimate after an initial assessment.
Timing depends on case complexity, international cooperation, and court schedules. It can range from several months to multiple years, depending on the specifics of the request and appeals.
Brazil generally does not extradite Brazilian citizens, except under very limited contexts defined by law and treaty. A lawyer can review nationality status and applicable waivers or exceptions.
Dual criminality means the alleged crime must be a crime in both Brazil and the requesting country. It is a core criterion used to assess extradition requests.
Yes. If the process risks cruel or inhuman treatment or violates due process, a lawyer can raise these issues before federal tribunals and, potentially, the STF.
Extradition involves surrender for crimes, typically with international cooperation. Deportation removes a foreign national from Brazil for immigration or security reasons, not usually for a specific criminal case.
Consult an attorney, gather all case documents, obtain translations, and prepare evidence on rights and procedural protections. The lawyer will coordinate with federal authorities to schedule hearings.
No. Extradition is a federal matter, so São Caetano do Sul’s local authorities work within federal processes and coordinate with the STF and relevant agencies.
Common documents include the foreign extradition request, court judgments or charges, evidence supporting dual criminality, identity documents, and any human rights or health-related information.
Official texts are available on Planalto’s website and government portals. See the provided links in the Resources section for direct access to the Constitution and Law No 6.815/1980.
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