Extradition Proceedings in Brazil

Who cannot be extradited from Brazil?

Article 82 of Law 13,445/2017 (the Migration Law) lists the cases in which extradition is not granted. The main ones are:

• the person is a Brazilian citizen by birth;
• the act is not a crime in Brazil or in the requesting country;
• Brazilian law sets a prison sentence of less than two years for it;
• the person is being tried, or was already convicted or acquitted, in Brazil for the same act;
• the time limit for prosecution has expired in either country;
• the act is a political crime or a crime of opinion;
• the person holds refugee status or territorial asylum.

The Constitution states the limits on nationality and political crimes (article 5, LI and LII).

Can the person be arrested before the formal request arrives?

Yes. In pressing cases the requesting country may ask for provisional arrest, including through Interpol (article 84). If no treaty says otherwise, that country then has 60 days from being told of the arrest to file the formal request. If it does not, the person must be released.

The STF may, after hearing the Federal Prosecution Service, allow house arrest or release during the proceedings, with the travel document retained or other measures. This is decided case by case (article 86).

What can the defence argue before the STF?

After the person is questioned, the defence has 10 days to respond. The law limits the defence to three subjects: the identity of the person sought, formal defects in the documents, and the illegality of the extradition (article 91, paragraph 1). The grounds of article 82 fall under the third.

What happens after the STF decides?

• If extradition is granted and the Executive authorizes the handover, the requesting country has 60 days to collect the person. After that, the person is released (articles 92 and 93).
• If extradition is denied, no new request based on the same act is accepted (article 94).

Before any handover, the requesting country must accept the conditions of article 96. They include deducting the time spent in custody in Brazil, replacing the death penalty or a life sentence with a prison term of up to 30 years, and not subjecting the person to torture or to cruel, inhuman or degrading treatment.

Can a sentenced person serve the sentence in the home country?

The Migration Law provides two mechanisms.

• Transfer of a sentenced person (articles 103 to 105). A person sentenced in Brazil may be moved to the country of nationality, habitual residence or personal ties. The conditions include a final judgment, at least one year left to serve, the consent of the person and the agreement of both countries.
• Transfer of enforcement of a sentence (articles 100 to 102). A sentence imposed abroad may be served in Brazil by a national or by a person with habitual residence or personal ties here. The Superior Court of Justice (STJ), which gives the final word on federal law, decides whether to recognize it.

How many extradition requests does Brazil receive?

In 2025 the Ministry of Justice recorded 120 new extradition requests made to Brazil by other countries (Ministry of Justice and Public Security, international cooperation indicators, 2025).