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Extradition in Brazil is a federal matter, not controlled by state law. In Sao Paulo, the same national framework applies, with local agencies supporting federal processes. The key rule is that a surrender must follow constitutional and legal standards established across the country.
Brazilian law requires that extraditions protect fundamental rights and respect due process. Extradition relies on a formal request from a foreign government, a careful legal review by Brazilian authorities, and a final decision by the executive branch with judicial input. In practice, the Supreme Federal Court weighs essential issues before any surrender occurs.
Two core principles shape the process: first, extradition cannot be granted for political crimes; second, the crime must be punishable in both Brazil and the requesting country (double criminality). These principles guide Sao Paulo prosecutors, judges, and federal authorities handling extradition cases on behalf of the nation.
Recent trends emphasize transparency and human rights protections in extradition decisions. Brazilian courts increasingly require precise evidence, clear procedural timelines, and consideration of the risk of the death penalty or torture in the requesting country. This means in Sao Paulo, as elsewhere, defense counsel plays a central role in ensuring safeguards are respected.
For authoritative context, see Brazil's Constitution and Migration Law as the foundation for extradition rules. See the sources listed under Local Laws Overview for official references.
“Extradition in Brazil is governed by constitutional provisions and must be authorized after judicial review, with due regard to political crime exclusions and double criminality.”
Source: Constituição Federal de 1988 and Lei n° 13.445/2017 - Lei de Migração.
Having a Sao Paulo extradition attorney is crucial when facing a request from another country. The following real-world scenarios illustrate concrete situations where legal counsel is essential.
Brazilian extradition is grounded in national law and international treaties. In Sao Paulo, as in other states, the process flows through federal authorities and the Supreme Federal Court for binding rulings and authorizations.
Constituição Federal de 1988, Artigo 102 establishes that extradition is a presidential prerogative subject to prior favorable opinion by the Supreme Federal Court, and it cannot apply to political crimes or to persons who have not exhausted all legal avenues. This framework sets the baseline for Sao Paulo extradition cases. Constitution Overview
Lei nº 13.445/2017 - Lei de Migração governs migration and related international cooperation, including provisions that touch on extradition when foreigners are involved. It outlines grounds, procedures and safeguards for immigration and cross-border processes. Lei de Migração - Planalto
Tratados de Extradição e Convenções Internacionais ratificados pelo Brasil guide extradition with foreign countries. Brazil negotiates these treaties through Itamaraty and executes surrender consistent with constitutional and judicial review. These instruments form the international backbone for extradition in Sao Paulo.
Recent trends in Sao Paulo reflect a greater emphasis on human rights safeguards, international cooperation, and timely processing. Courts increasingly scrutinize the proportionality of surrender and the availability of alternative measures, such as supervision or conditional release, depending on the case specifics.
Extradition is surrender to a foreign country for trial or punishment for crimes. Deportation removes a foreign national from Brazil for immigration violations or residence issues. They are governed by different legal frameworks and purposes.
Contact a Sao Paulo attorney specializing in extradition. The lawyer coordinates with federal authorities, reviews the legal basis, and challenges the request if protections apply. They oversee filing and hearings with the appropriate courts.
Brazil may refuse if the crime is political, if the dual criminality requirement fails, or if there is a real risk of death penalty or torture. The Supreme Federal Court weighs these issues before final approval.
Seek lawyers at firms with Brazil-wide or Sao Paulo focus on international law and extradition. Look for recent cases handled and client testimonials to assess suitability and responsiveness.
Extradition involves international diplomacy, translation of documents, and multi-jurisdictional review. Additional steps include the Supreme Federal Court assessment and executive decision making.
Yes, but only if the crime is extraditable, the double criminality requirement is met, and the STF approves after review. Personal rights and legal safeguards remain central.
Yes. A lawyer can explain the implications, evaluate risks, and ensure you preserve rights such as potential appeals. Early counsel reduces the chance of missed deadlines.
Yes. Extradition law combines constitutional, treaty, and international law aspects. A specialist understands procedural timelines and evidentiary requirements.
Costs vary by case complexity, duration, and the law firm. Typical engagements include retainer fees and hourly rates, plus potential court-related expenses.
Durations vary widely, from several months to more than a year. Factors include the complexity of the case, the country requesting extradition, and court schedules.
Double criminality means the conduct must be a crime in both Brazil and the requesting country. If not, extradition may be denied or limited.
Itamaraty handles international diplomacy and treaty implementation. The STF provides the crucial judicial opinion before the executive may surrender a person.
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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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