Best Extradition Lawyers in São Paulo

1. About Extradition Law in São Paulo, Brazil

Extradition in Brazil is primarily a federal matter, not controlled by state law. In practice, when a foreign government seeks a suspect or fugitive, the case is handled through national agencies and the Supreme Federal Court (STF). In São Paulo, local police and prosecutors cooperate with federal authorities to locate, detain, and transfer individuals if an extradition is approved.

The core framework comes from the federal statute Lei 6.815/1980, which governs extradition of foreign nationals and the procedures for surrender. The Brazilian Constitution and Supreme Federal Court rulings define how these processes operate in Brazil, including protections for the person subject to extradition. See the official law text for details: Lei 6.815/1980 and related constitutional provisions.

Recent trends emphasize due process, human rights protections, and adherence to international treaties or agreements Brazil maintains with other countries. In complex cases, courts review whether extradition would subject a person to the death penalty, torture, or politically motivated charges, and they assess procedural fairness in the Brazilian system. These considerations are especially relevant in high-profile cases in São Paulo, given its large international traffic and detention facilities.

Sources and key texts you may consult include official Brazilian government sites on Extradition and constitutional provisions: Lei 6.815/1980 and Constituição Federal de 1988.

2. Why You May Need a Lawyer

• You are in São Paulo, arrested on an international arrest warrant and an extradition request has been filed. A lawyer can challenge the basis of the warrant and coordinate preventive measures to prevent immediate removal from custody.

• You have dual nationality and worry about being extradited for a crime committed abroad. An attorney can evaluate whether Brazilian rules prevent or limit such extraditions and whether any treaty protections apply.

• A foreign government seeks your extradition for offenses with politically sensitive elements. A lawyer can argue for non extradition on political offenses or civil rights grounds, citing Brazilian and international standards.

• You were detained in São Paulo with an extradition request and believe your rights to due process were violated. A legal counsel can file habeas corpus or appeal to protect rights and delay the proceedings.

• You want to avoid or limit transfer while your case is reviewed by the STF. A lawyer can prepare submissions that address risk of torture, punishment without trial, or double jeopardy concerns.

• You need a local attorney in São Paulo who understands both Brazilian federal procedures and international cooperation frameworks to coordinate with authorities abroad.

Hiring a specialist extradition attorney in São Paulo increases the likelihood of a timely, rights-based defense. An experienced lawyer can prepare defenses, gather relevant evidence, and explain procedural steps clearly at every stage. For local representation, seek a lawyer familiar with federal processes and the São Paulo detention and court system.

3. Local Laws Overview

The primary federal statute governing extradition is Lei No 6.815, de 19 de agosto de 1980, Lei de Extradição. This law sets out when extradition may be granted, the role of the Supreme Federal Court, and the procedural steps involved. Lei 6.815/1980

The Brazilian Constitution also establishes the framework for extradition and the STF's involvement in approving or denying requests. Constitutional provisions address fundamental rights, due process, and the balance between Brazil's sovereignty and international cooperation. Constituição Federal de 1988

Brazil operates within international cooperation arrangements for criminal matters, including extradition and mutual legal assistance. These arrangements influence how extradition requests from foreign governments are processed in São Paulo and across the country. For guidance on how these treaties interact with domestic procedures, see the official government overview: Ministério da Justiça e Segurança Pública - Extradicao

4. Frequently Asked Questions

What is the legal basis for extradition requests in Brazil and who can initiate them?

Extradition requests are grounded in Lei 6.815/1980 and the Constitution. Foreign governments initiate requests through Brazil's Ministry of Justice to the Supreme Federal Court. The STF then reviews the merits before any surrender decision is made.

How do I start a defense against an extradition request while in São Paulo?

Contact a specialized extradition attorney promptly to assess grounds for refusal, such as political offense, risk of torture, or due process issues. The lawyer will file defenses and potentially a habeas corpus to stall proceedings while a decision is prepared.

When does the Supreme Federal Court review an extradition case in Brazil?

The STF reviews extradition requests after formal submissions from the Ministry of Justice. In practice, hearings and written submissions occur before a final decision on whether to extradite are issued.

Where are extradition proceedings typically conducted for residents of São Paulo?

Proceedings can occur in federal courts and in the STF. The Federal Police and the Ministry of Justice coordinate the procedural steps, with São Paulo serving as the location for detention and initial investigations in many cases.

Why can extradition be denied on human rights grounds in Brazil?

Brazil may deny extradition if the offense is politically motivated, if there is a real risk of torture or punishment, or if the person would face a flagrant due process violation. These protections are part of constitutional and international law considerations.

Can I challenge an extradition order through habeas corpus in São Paulo?

Yes, a habeas corpus can be used to challenge the legality of detention or the extradition order in certain circumstances. An attorney can pursue this remedy to delay transfer and protect rights.

Do I need a lawyer who specializes in extradition for Brazilian cases?

Yes. Extradition law involves federal procedures and international cooperation. A specialized attorney can navigate STF processes, treaty considerations, and rights-based defenses effectively.

How much does extradition defense typically cost in São Paulo?

Costs vary based on case complexity, the number of hearings, and expert consultations. Expect a retainer for ongoing defense, plus hourly rates for court appearances and document work.

What is the typical timeline from arrest to extradition decision in Brazil?

Timelines vary widely. Preliminary detentions can last weeks to months, while the STF ruling may take several months. Complex cases can extend beyond a year in some situations.

Is there a difference between extradition and simple surrender in Brazil?

Extradition is a formal legal process initiated by another country with Brazilian approval. Surrender can refer to an informal or different arrangement and may involve distinct procedures or deadlines.

Can foreign countries request extradition of someone located in São Paulo today?

Yes, if a valid extradition request is filed through Brazilian authorities and meets legal requirements. A lawyer can help determine whether the request complies with law and whether defenses apply.

What documents should I bring to an initial extradition consultation in SP?

Bring identity documents, any arrest notices, the extradition request, legal notices, and any prior court or police communications. Your attorney will advise on additional documents needed for your defense.

5. Additional Resources

• Planalto - Lei 6.815/1980 Official text of the extradition law that governs the procedures and criteria for surrender. https://www.planalto.gov.br/ccivil_03/leis/l06815.htm

• Constituição Federal de 1988 The constitutional framework for extradition and federal jurisdiction. https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm

• Ministério da Justiça e Segurança Pública - Extradicao Official overview of extradition and international cooperation with foreign states. https://www.gov.br/mj/pt-br/assuntos/seguranca-publica/extradicao

• OAB São Paulo Local professional association providing guidance on finding qualified legal counsel in São Paulo. https://www.oabsp.org.br/

6. Next Steps

1. Identify your objective and collect all available documents related to the case, including arrest notices and foreign requests for extradition.

2. Contact a São Paulo lawyer who specializes in extradition and international cooperation in criminal matters. Ask for a clear scope of work and anticipated timeline.

3. Schedule an initial consultation and bring all documents. Ask about potential defenses and the likelihood of delaying any transfer.

4. Engage the attorney with a written retainer and provide authorization to communicate with Brazilian authorities and any foreign counterparts as needed.

5. Develop a defense strategy focusing on due process, human rights protections, and treaty-based grounds. Prepare witnesses and collect supporting evidence.

6. Monitor the case timeline and respond promptly to any requests from the STF, Ministry of Justice, or Federal Police to avoid procedural pitfalls.

7. Review costs and costs timelines with your attorney, including potential fees for experts, translators, and travel if hearings occur outside São Paulo.