Countries that Brazil has an Extradition Agreement

The extradition process in Brazil is a matter of great national repercussion. Every year media cases appear on the subject of extradition, generating debates and questions about the process.

In this text, we seek to clarify the most common doubts about the procedure and with which countries Brazil has an agreement. Please contact us here if you would like help from our lawyers in your case.

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Author: Lucas Velozo de Mello Marchiori

What is extradition?

Extradition is a process of international cooperation. This act occurs when the government of a country requests that another State hand over a citizen.

The request for the delivery of the person can happen for several reasons. Among them, are the investigation, prosecution, or conviction for the commission of one or more crimes in another country.

In Brazil, there are specific rules on the extradition procedure. In addition, there are situations in which extradition cannot be applied.

Who can be extradited in Brazil?

The Brazilian Federal Constitution guarantees that no Brazilian citizen can be extradited by Brazil. A native Brazilian is understood to be:

• Those born in Brazil, even if of foreign parents, as long as they are not in the service of their country;
• Those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is in the service of Brazil;
• Those born abroad to a Brazilian father or Brazilian mother provided that they are registered with a competent Brazilian department or come to reside in the Federative Republic of Brazil and opt, at any time, after reaching the age of majority, for Brazilian nationality;

Therefore, foreign citizens residing in Brazil or who have naturalized as Brazilians may be extradited.

The procedure will depend on whether Brazil has signed agreements with the country requesting extradition. It’s important for the process to know which countries have an agreement with Brazil. From the next topic, we will list the treaties and analyze what these countries are.

Angola

The agreement establishes that the extradited person must be a national of the receiving country and the sentence must be final. 

Argentina

It provides for extradition for offenses for which the law of the requested State imposes a sentence of two years or more in prison. Including not only authorship and co-authorship but also attempt and complicity.

Australia

Offenses are punishable by a custodial sentence of at least one year. Likewise, for the execution of a sentence, the minimum period must be 09 months.

Extradition between Brazil and Belgium

Crimes are punishable with a minimum sentence of one year in prison for specific crimes. Among the crimes foreseen are those against life, serious injury, theft, theft, and against public faith.

Bolivia

The agreement authorizes extradition for crimes of at least one year in prison. It encompasses authorship, co-authorship, attempt, and complicity.

Extradition between Brazil and Chile

It also provides for extradition for crimes punishable by one year or more in prison. It comprises not only authorship and co-authorship but also attempts and complicity.

China

Extradition is provided for in criminal proceedings with a prison sentence of 1 year or more, by the legislation of both Parties. Likewise, for the execution of a sentence, the minimum period must be 1 year.

Extradition between Brazil and Colombia

The agreement authorizes extradition for crimes of at least one year in prison.

South Korea

Extradition will be authorized in criminal proceedings with a prison sentence of 1 year or more, according to the legislation of both Parties. However, in the case of criminal execution, at least 9 months of the sentence must remain unfulfilled. The description of crimes in the two countries needs to be similar.

Extradition between Brazil and Ecuador

The agreement is for crimes of at least one year in prison. It encompasses authorship, co-authorship, attempt, and complicity.

Spain

Offenses are punishable by a custodial sentence of at least one year. Extradition is independent of the modifying circumstances and the name of the crime.

Extradition between Brazil and USA

The agreement with the United States presents a series of foreseen crimes. Crimes against life, property and involving narcotics are some of them. However, crimes not listed in the agreement may also be subject to extradition. For this to occur, the crime must carry a penalty of deprivation of liberty capable of exceeding 1 year.

France

The agreement authorizes extradition for crimes of at least two years in prison. As for the execution of the sentence, the minimum remaining time must be 09 months.

Extradition between Brazil and Greece

The agreement provides for extradition for crimes involving deprivation of liberty or a security measure for a maximum period of one year or more. In addition, it is possible to request extradition in cases of preventive detention.

India

An offense will be extraditable if it is punishable by imprisonment for a period of at least one year, or a more severe penalty. Likewise, for the execution of a sentence, the minimum period must be 1 year.

Extradition between Brazil and Israel

It will be considered a crime that authorizes extradition the one with a minimum sentence of 01 year in prison, according to the legislation of both Parties. Furthermore, a crime will authorize extradition regardless of whether the laws of the requesting and requested Parties include the crime in the same criminal category.

Italy

Crimes whose maximum expected duration is greater than one year, or more serious. Likewise, for the execution of a sentence, the minimum period must be 09 months.

Extradition between Brazil and Lithuania

The agreement authorizes extradition for crimes of at least one year in prison. In addition to authorship, it also applies in cases of complicity and attempt.

Mexico

Extradition for all offenses for which the law of the requested State imposes a prison sentence of one year or more. In addition, attempt and complicity are included.

Panama

The crime committed must be typified in the legislation of both countries and punishable by deprivation of liberty of at least one year.

Extradition between Brazil and Paraguay

The agreement authorizes crimes of at least one year in prison.

Peru

Extradition requires that the laws of both Parties impose minimum sentences of one year’s deprivation of liberty.

Portugal

It provides for extradition for offenses for which the laws of both countries establish a maximum sentence of more than one year. In addition, for the execution of a sentence, there will only be extradition if the remaining sentence to be served is at least 9 months.

Extradition between Brazil and UK

For crimes that are punishable under the laws of both States with penalties of deprivation of liberty equal to or greater than one year. In addition, to comply with the conviction, the stipulated sentence must be at least 4 months.

Dominican Republic

Both parties must impose a minimum custodial sentence of 1 year for extradition to take place. Furthermore, there is no requirement that the two countries have a common name for the crime.

Romania

The treaty applies to crimes that are punishable under the laws of both States with prison terms of at least one year.

Russia

Crimes subject to extradition are acts defined in the legislation of both Parties with a penalty of deprivation of liberty for a period of not less than one year. Likewise, for the execution of a sentence, the minimum period must be 1 year.

Extradition between Brazil and Switzerland

Authorizes extradition for specific crimes listed in the agreement. The requested country shall punish the offense with imprisonment of one year or more.

Suriname

Required that the laws of both Parties impose minimum custodial sentences of one year for the crime.

Ukraine

The laws of both Parties shall impose a minimum sentence of deprivation of liberty of one year for the crime. Likewise, for the execution of a sentence, the minimum period must be 1 year.

Uruguay

Crimes of at least 1 year in prison, by the laws of the requested country. However, the criminal must have already been prosecuted or convicted as author, co-author, or accomplice.

Venezuela

Crimes of at least one year in prison, according to the requested State.