The newborn of the Chamber filed an information request on Wednesday 16, asking for a position from the Ministry of Foreign Affairs on the decision of the Supreme Court Minister (Stf) Alexandre De Moraes who suspended the extradition process of a trafficker in Spain.
Moraes made the decision after the Spanish government denied the extra blogger Ospaldo Eustáquio who, for the magistrate, wounded the principle of reciprocity in force between the two countries.
In addition to conducting the extradition of the Bulgarian trafficker Vasil Georgiev Vasilev, Moraes defeated the Ministry of Justice and Foreign Affairs to deduce the diplomatic representation of the Government of Spain. The minister also convened the lawyers and the Spanish ambassador to Brazil. The latter will have five days to provide information that demonstrates the requirement of reciprocity, under the sentence of refusal of the request for extradition of the Bulgarian citizen.
The new one wants Itmaraty to explain whether or not there was a previous dialogue between the Stf and Itamarathy on the ambassador’s requirement for clarification and the evaluation of the folder of a possible “excess” by Moraes to request formal explanations by the representative of the Spanish government.
The bench also wants the ministry to take a position on the negatives of the extradition of Oswaldo Eustáquio, who, according to the Spanish government, when they deny the Brazilian request, was for political reasons, as well as a position of the Jocns of the Luiz Inacio Lula da Silva (PT) on the “question of the principle of reciprocity in this specific case”. Finally, the new wants a return to “the diplomatic impacts already perceived and the risk of retaliation from Spain”.
“Given the severity of the facts and the potential of damage to the international image of the country, it is the duty of this house to exercise its role of supervision on the conduct of Brazilian foreign policy and ensure that the acts of the judiciary do not go beyond its institutional limits”, says the new bench in the justification of the request for information.
The request for information must still be sent by the mayor, Hugo Motta (Republicans-PB). Inserted in the plenary vote, it is necessary to be approved by the simple majority of the Chamber.
This Monday 14, the Spanish Court denied the Brazilian government’s request to extradite Oswaldo Eustáquio. The decision of the third criminal section of the National Auditors states that the facts attributed to Eustaquio would have “evident connection and political motivation”, which would prevent their delivery in Brazil based on the treaty between the countries.
The Court of Spain denied the request of the Brazilian government to extradite Oswaldo Eustáquio, 46 years old, last Monday 14. The decision of the third criminal section of the national hearing states that the facts attributed to Eustachian would have “evident connection and political motivation”, which would prevent its delivery in Brazil based on the treaty between the countries.
By blocking the blogger, Eustáquio is investigated in Brazil for crimes as a threat, persecution, incitement to crime, criminal association and attempting to abolish, with violent means, the state of democratic law.
“The extradition must be declared unfounded, because we are faced with evident connections and political motivations, since they are conducted in the context of a series of group actions of groups that support Mr. Bolsonaro, former President of the Federative Republic of Brazil and opposition to the current president, Lula da Silva”, says an excellent from the Spanish decision.
Already Vasilev was arrested on February 18, 2025 in Mato Grosso do sul. On April 7, the Minister of the STF requested the ten -day opening for the presentation of the written defense by the defense of the extra -trained. With Moraes’ recent decision, the process is blocked.
“In extrady questions, the understanding of the federal Supreme Court against the extent of the exitability of reciprocity by the country of the applicant is peaceful and the absence of this requirement precludes the follow -up of the request”, wrote Moraes, citing the negative of Eustachi’s extradition.
Minister Stf’s decision cites the requirement of reciprocity provided for by the law on migration (13,445/2017) and the extradition treaty between the Federative Republic of Brazil and the Kingdom of Spain (Decree no. 99.340, 1990).
In the first article of the extradition treaty, it is defined: “States are completed to surrender, in accordance with the conditions established in the current treaty, and in accordance with the legal formalities in force in the requested state and in the requested state, of individuals who respond to the criminal proceedings or have been sentenced by the judicial authorities of one of them and are in the territory of the territory of others”.
Source: Terra
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