Arrested in Sao Paulo on an Extradition Request or Red Notice: First Steps and Which Court Decides

What does an INTERPOL Red Notice mean in Brazil?

A Red Notice asks police to locate a person and provisionally arrest them pending extradition or similar action. INTERPOL says it is not an international arrest warrant; each country applies its own law. Under Article 84(2) of Brazil’s Law No. 13.445/2017, a provisional-arrest request may travel through INTERPOL if supported by documents proving a foreign arrest order. Without an applicable treaty, a diplomatic promise of reciprocity is also required.

Do not assume the notice alone is the legal basis for detention. Ask for the Brazilian judicial order, issuing court, STF case number if assigned, and recorded legal basis. A domestic arrest warrant, a provisional extradition order and an immigration measure are different acts.

Who takes over after an arrest at Guarulhos or Congonhas?

The central-court label is broadly correct, with one local qualification: an airport unit of the Federal Police may be the first contact, but the STF controls the extradition case. The Ministry of Justice’s DRCI/Senajus is Brazil’s central authority for extradition cooperation; the Federal Public Prosecutor’s Office (MPF), through the Prosecutor-General of the Republic, provides the required opinion in the STF case.

The official directory lists the Guarulhos airport unit (Delegacia Especial de Polícia Federal no Aeroporto Internacional de Guarulhos) at Terminal 3 arrivals: duty phone +55 11 2445-2212, plantao.deain.srsp@pf.gov.br. For Congonhas, it lists Delegacia Especial de Polícia Federal no Aeroporto Internacional de Congonhas: +55 11 5090-9046, deaer.srsp@pf.gov.br. They may not disclose confidential case details.

Practical first 48 hours: what to do, and in what order

This is a practical checklist, not a statutory countdown. Seek legal help immediately.

Do not sign consent to surrender, a waiver or an unclear statement without advice and interpretation. Voluntary return and waiver of a hearing are distinct, and neither should be assumed to remove STF review. Do not obstruct officers or evade process; preserve documents and raise objections through counsel.

Is there a separate custody hearing within 24 hours?

Under National Council of Justice (CNJ) Resolution No. 213/2015, Article 13, as amended by Resolution No. 562/2024, a person arrested under a preventive or final arrest warrant must be presented for a custody hearing within 24 hours. If the warrant is executed outside the issuing court’s jurisdiction, Article 13(2) requires immediate presentation to the judge competent where the arrest occurred or to the judge responsible for the place of custody, according to local judicial organisation. Counsel should promptly confirm which court is responsible and whether the hearing has taken place. The Federal Regional Court of the 3rd Region’s regional rule for São Paulo and Guarulhos also expressly extends the 24-hour presentation requirement to people arrested under preventive or final warrants. This hearing checks the arrest and treatment in custody; it is distinct from the STF interrogation in the extradition case under Migration Law Article 91. The separate 10-day written-defence period starts from that interrogation, not from arrest or the custody hearing. If the trigger was only a Red Notice match, first establish whether a Brazilian arrest warrant was actually executed; the notice itself is not a warrant.

Will the person be transferred to Brasília, or can a hearing happen in São Paulo?

The STF decides the extradition request. Article 91 of the Migration Law provides that the STF rapporteur schedules the extradition interrogation, but the airport where the arrest occurred does not by itself determine where it will take place. Counsel should check the person’s own STF docket and orders for the hearing location and any commissioned local judicial act. Do not assume either that immediate transport to Brasília is required or that an interrogation will be held in São Paulo.

The practical route is: identify the local Federal Police unit → obtain the Brazilian arrest order or record and confirm the custody location → check the STF case number and rapporteur → confirm whether a custody hearing has taken place and where any Article 91 interrogation is scheduled. A local custody hearing or a commissioned procedural act does not transfer the extradition decision to a São Paulo state court.

Which time limits and detention rules should counsel check first?

• Default 60-day period: Under Article 84(4), unless a treaty says otherwise, the foreign state must formalise the request within 60 days after being notified of the arrest. Article 84(5) requires release if the deadline is missed and bars a new provisional-arrest request on the same facts until a proper extradition request is filed. Counsel must verify the notification date and treaty.
• Not a 60-day detention cap: Article 84(6) allows provisional detention until the competent court finally rules on the request’s legality. The 60 days concern filing the request, not maximum custody. Counsel should check the actual order if detention continues or documents are missing.
• Alternatives are possible, not automatic: Under Article 86, after hearing the MPF, the STF may allow home detention, an open-prison arrangement or liberty with travel documents retained or other precautions. The request belongs in the STF case, not at the airport police unit.
• Defence deadline: Article 91(1) allows 10 days from interrogation for written submissions on identity, formal defects in the documents or illegality of extradition—not 10 days from arrest. Article 90 says the STF’s extradition decision is not appealable.

Habeas corpus is a separate constitutional remedy, not an ordinary appeal from the STF’s extradition decision. The proper route depends on the exact order, the authority responsible and the procedural posture. Counsel should identify the challenged act and obtain advice promptly; this airport-arrest page does not set out the grounds or deadlines for every possible challenge. Detailed refusal grounds and remedies belong on the Brazil extradition remedies page.

Brazil does not use the European Arrest Warrant for EU-state requests. Brazilian law and the applicable treaty—or, where permitted, reciprocity—govern. The Ministry lists agreements; a treaty may change deadlines or documents. Nationality is an urgent check: a native-born Brazilian cannot be extradited, while a naturalised Brazilian may be extradited for a common crime committed before naturalisation or for proven involvement in illicit drug trafficking, subject to the constitutional wording.

What should family members and foreign counsel send now?

• Passport name, other names, birth date and place, nationality or nationalities, and passport numbers.
• Arrest record, Brazilian court order, STF case number and any message mentioning INTERPOL, the requesting state or a foreign warrant.
• Flight details, exact arrest location, date and local time, and unit or officer details if provided lawfully.
• Requesting country, foreign case or warrant number, and any charge or final judgment available.
• Medical needs and medication, accessibility needs, preferred language, and a trusted family contact.
• Consular details. Under Article 36 of the Vienna Convention on Consular Relations, Brazil is a party; a detained foreign national should be informed of the right to contact the consulate, which must be notified without delay if requested. Consular help does not replace a defence lawyer.

Hypothetical example: a traveller is stopped at Guarulhos after a Red Notice match. The family should not assume the formal extradition request has been filed. It should identify the Federal Police unit, obtain the Brazilian order and STF case number through counsel, request consular notification if wanted, and establish when the requesting state was notified. If no treaty changes the rule, that notification date—not necessarily the passport-control stop—starts the 60-day period.

Where to read the wider Brazilian procedure

This page covers the airport-arrest response, not the full procedure or every refusal ground. See the Brazil procedure guide for the national sequence and treaties, and the Brasília court page for the local court setting.

The site’s team coordinates cross-border defence with local counsel; to discuss next steps, use the contact request page.