The Second Chamber of the Supreme Court of Justice (SCJ) is of the opinion that the extradition request must be made through diplomatic channels and the documents supporting the request must contain the precise indication of the alleged act, the date and place where it was carried out, as well as data or background information necessary for the verification of the identity of the person sought.
The criteria of the chamber, which hears criminal matters, is established in resolutions nos. 001-022-2022-SRES-01192 and 001-022-2022-SRES-01204 on the extradition proceedings known to a citizen and a citizen to whom the judges ordered pure and simple freedom.
In the case of the citizen, the judges considered that she was not requested through diplomatic channels in accordance with article 14.1 of the extradition treaty signed between the government of the Dominican Republic and the government of the Federative Republic of Brazil.
While in the case of the citizen, the court ordered his pure and simple freedom and the surrender of his assets, because the requesting country (United States) did not prove the identification of the citizen requested in extradition, so that surrendering him would violate his fundamental rights, such as freedom, effective judicial protection and due process.
"In this perspective, it is worth noting that it is not enough for the requesting State to be convinced of the person it is pursuing, but it must also faithfully comply with the provisions of the extradition treaty in force and provide all relevant documentation that allows for the identification of the requested person; which in this case has not occurred," the resolution states.
To read the resolutions, access the PDF documents attached to this publication: