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

Justice Marco Aurélio of the Brazilian Federal Supreme Court (STF) has applied a new Migration Law (Law 13.445 / 2017) that states that the extraditee will be released if he is not removed from the national territory by the country that requested the extradition within 60 days from the communication. The decision was taken in the extradition request (EXT) 1517 made by the Spanish Government against the Spanish citizen R.P.A.

He is accused of committing the crimes of misappropriation using false document, swindling and theft. In December 2017, the First Chamber of the Court considered the solicitation and, unanimously, granted the request, considering the possibility of surrender of the extraditee, bearing in mind, among other reasons, the correspondence of the crimes in both countries.

By petition presented to the Supreme Court, the extraditee requested the revocation of the provisional detention, stating that the time limit provided for in article 93 of Law 13,445 / 2017 was extrapolated. The defense added that the diplomatic representation of the Spanish government was notified of the Supreme Court's decision on February 21st, 2018 and said there was no  action of that country to remove its national from Brazil.

The lawyers noted that the 30-day deadline provided in the Compostela Treaty had also elapsed for the delivery of the extraditee. They pointed out that the extraditantee's father was willing to bear the costs of transferring to Spain, emphasizing that it was voluntary extradition and that the removal of the prison will not imply risk to the execution. Finally, the defense informs that the defendant has been retired for more than 239 days.

Through the decision, Justice Marco Aurélio dismissed the pre-trial detention for extradition imposed against R.P.A. and determined the expedition of release permit to be served if the foreigner is not arrested for a different reason.

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