SIZE Diminuir tamanho da fonte Aumentar tamanho da fonte
Highlights Print

Justice applies rule of new Migration Law and determines freedom of extraditee

Justice Marco Aurélio of the Brazilian Federal Supreme Court (STF) applied the new Migration Law (Law 13.445 / 2017), which stipulates that the extraditee person will be released if he is not withdrawn from the national territory by the country that requested his extradition, within 60 days since the report. The decision was taken in the Extradition Request (EXT) 1517, formulated by the Government of Spain, against the Spanish citizen Ruben Parra Alonso.

Ruben is accused of committing crimes of misappropriation with the use of false documents, larceny and theft. In December 2017, the First Chamber of the Court reviewed the complaint and unanimously accepted the request, considering the possibility of extradition, in view of, among other reasons, the correspondence of the crimes in both countries.

By means of a complaint presented to the STF, the extraditee requested the revocation of the injunctive arrest, stating that the deadline provided for in article 93 of Law 13454/220 was exceeded. The defense added that the diplomatic representation of the government of Spain was communicated of the decision of the Supreme Federal Court on February 21, 2018 and reported that there was still no movement of that country to withdraw its national from Brazil.

The lawyers noted that the 30-day deadline provided for in the Treaty of Compostela had also expired for the extradition. They emphasized that the father of the extraditee was willing to bear the costs of the transfer to Spain, emphasizing this as a voluntary extradition and that the removal of the prison does not imply risk to its realization. Finally, the defense informed that their customer has been collected for more than 239 days.

With the decision, Justice Marco Aurélio dismissed the preventive arrest for extradition imposed against Ruben Parra Alonso and ordered the grant of a release order to be fulfilled if the foreigner is not arrested for different reasons.

Read more

Contact us
Praça dos Três Poderes - Brasília - DF - Brazil - Zip Code 70175-900 Phone: 55.61.3217.3000