Extradition from Brazil: How the Procedure Works and What an Extradition Lawyer Does

This guide concerns passive extradition: another state asks Brazil to surrender someone found in Brazil. There is no single statutory deadline for the whole case. Several different clocks apply to provisional arrest, written defence and collection after approval, and an applicable treaty may replace a statutory default.

Who decides: the STF, the Justice Ministry or the president?

Article 102(I)(g) of Brazil’s Constitution gives the STF original jurisdiction over extradition requested by a foreign state. Under Articles 89–90 of Migration Law No. 13,445 of 24 May 2017, the executive authority first screens a request for formal admissibility and forwards an admissible request to the STF. Article 270 of Decree No. 9,199/2017 also requires a prior STF ruling. An arrest in São Paulo, Manaus or another state does not transfer the extradition decision to an ordinary local criminal court.

The Ministry of Justice and Public Security (MJSP) handles the central-authority stage for incoming requests, while the Ministry of Foreign Affairs handles diplomatic channels. The Federal Public Prosecution Service, including the Procuradoria-Geral da República before the STF, participates in judicial review. These roles are distinct: administrative document screening is not a judicial decision on extradition legality.

After the STF approves extradition, the executive still controls the delivery stage. In EXT 2000 (First Panel, 18 August 2026), the STF authorized Russia’s request subject to the President of the Republic’s discretion and required an express undertaking not to aggravate punishment for political reasons under Article 96(V). This is a recent example, not a substitute for checking the operative order and applicable treaty in each case.

Which Brazilian laws and treaties apply?

The main domestic framework is Chapter VIII, Section I, Articles 81–99 of Migration Law No. 13,445/2017, read with Decree No. 9,199/2017, especially Articles 262–277, and the Constitution. Article 81 identifies the diplomatic or designated-central-authority channel. Article 83 requires that the crime was committed in the requesting state or that its criminal law applies to the person, and that the person be under investigation, in criminal proceedings or sentenced to imprisonment there. Article 82 bars extradition if the conduct is not a crime in Brazil or the requesting state, or if Brazilian law prescribes imprisonment for less than two years. The STF checks legal requirements and documents; it does not retry the foreign criminal case.

Brazil’s multilateral extradition instruments include the Mercosur Agreement (Decree No. 4,975/2004), the Mercosur–Bolivia–Chile Agreement (Decree No. 5,867/2006) and the CPLP Convention (Decree No. 7,935/2013). Two recent bilateral treaties entered into force for Brazil in 2025: the UAE treaty on 19 November (promulgated by Decree No. 12,950/2026) and the Morocco treaty on 1 December (promulgated by Decree No. 12,951/2026). Where no treaty applies, reciprocity may be considered, but acceptance is not automatic; Article 84(2) expressly contemplates a diplomatic promise for a treatyless provisional-arrest request. Check the applicable instrument and protocols.

Brazil is not an EU Member State and does not use the European Arrest Warrant as an EU surrender procedure. Nor does a request from a European country automatically proceed under the European Convention on Extradition. Counsel must identify the applicable Brazil–requesting-state treaty or other valid basis and then follow Brazilian law and STF procedure.

What happens from provisional arrest to handover?

The two 60-day periods are different. Under Article 84(4), the first runs from the date the requesting state is informed of the arrest—not automatically from the arrest date—and applies only if no treaty provides otherwise. Under Article 92, the later period runs from diplomatic communication after executive authorization. Obtain proof of each triggering notification; do not calculate either period from an assumption.

Does an INTERPOL Red Notice authorize arrest, and how long can custody last?

A Red Notice is not itself an STF judgment or a Brazilian extradition order. Under Article 84(2), an urgent request may be transmitted through INTERPOL if supported by documentation of a foreign arrest order and, where no treaty applies, a diplomatic promise of reciprocity. Decree No. 9,199/2017, Article 275, describes the route to the STF after executive screening and prior involvement of the Federal Public Prosecution Service. Ask for the Brazilian judicial order that actually authorized custody rather than treating an online notice as that order.

If the requesting state misses the applicable deadline for the formal request, Article 84(5) requires release and bars a new provisional-arrest request based on the same facts until extradition has been duly requested. Article 84(6) allows provisional custody to continue until the final judicial decision on legality; Article 275(6) of the decree addresses custody pending effective delivery, subject to Articles 92–93 of the statute. There is therefore no simple universal 60-day maximum for the entire extradition detention.

Custody is not necessarily all-or-nothing. After hearing the prosecutor, the STF may under Article 86 order open-facility custody (prisão-albergue), home detention, or proceedings at liberty with travel-document retention or other necessary precautions. This is discretionary, not automatic bail. Counsel should support any request with concrete evidence of identity, stable residence, medical needs, family responsibilities and willingness to attend court.

Where is the interrogation, and when does the 10-day defence period start?

Article 91 requires the STF rapporteur to schedule interrogation and arrange a lawyer or representative where needed. The 10-day written-defence period under Article 91(1) starts on the interrogation date. Obtain the hearing notice and any order about location, interpreter or counsel immediately; do not calculate the deadline from the date a relative first learns of the case.

The statutory written defence addresses identity, formal defects in the documents and the illegality of extradition; it is not a full retrial of foreign witnesses or guilt. If the file is incomplete, Article 91(2)–(4) permits the STF, on the prosecution’s application, to seek missing material. The Federal Public Prosecution Service has an unextendable 60 days for that step, counted from notification to the requesting state’s diplomatic mission. That is a third, separate clock—not the provisional-arrest deadline or the later collection period.

Get the interrogation date and record immediately. Compare names, birth dates and identity documents; review authenticated foreign decisions and translations; identify the exact conduct and legal provisions; and ensure evidence is filed before the procedural deadline. A foreign lawyer’s memorandum may help, but submissions and representation before the STF require appropriately qualified Brazilian counsel.

What if the person is Brazilian or has two nationalities?

Article 5(LI) of the Constitution bars extradition of a Brazilian by birth. A naturalized Brazilian may be extradited in the constitutional exceptions: for an ordinary crime committed before naturalization, or for proven involvement in unlawful narcotics trafficking under the applicable law. Article 82 of the Migration Law reflects this framework. A Brazilian passport alone may not establish the basis or date of nationality; obtain the birth or naturalization record and compare the relevant dates with the alleged conduct.

Constitutional Amendment No. 131 of 3 October 2023 removed the general rule under which merely acquiring another nationality could cause loss of Brazilian nationality. Older material that assumes automatic loss may be outdated. Collect Brazilian civil-status records, any naturalization certificate, dates of other citizenship and the requesting state’s identity records. A separate guide covers dual citizenship; this page focuses on the Brazilian constitutional status that must be established in the extradition file.

After the STF ruling, is handover automatic?

Article 90 states that no appeal lies from the STF’s extradition decision. Any exceptional post-decision or custody challenge is procedural and fact-specific; Brazilian counsel should check the operative order and current STF practice. Detailed refusal grounds and remedies belong in the Brazil extradition-refusal and remedies guide.

If the STF refuses extradition at the judicial stage, Article 94 bars a new request based on the same facts. If it approves extradition, delivery still depends on the executive stage and the conditions in the decision and applicable treaty. Under Articles 92–93, if the requesting state does not collect the person within 60 days after the diplomatic communication authorizing delivery, the statute provides for release, without prejudice to other lawful measures. Obtain the operative judgment, ministerial and diplomatic communications, and any current detention order; a press headline is not enough.

Article 96(III) requires the requesting state to undertake to commute a corporal, life or death penalty to imprisonment, subject to the 30-year maximum stated in the statute. In 2021, the STF First Panel held that, for conduct before 24 December 2019, the undertaking must cap the maximum at 30 years because Brazil’s domestic cap rose to 40 years only after that date; two justices disagreed on this point. That ruling does not settle every later-offence scenario. Counsel must check the alleged conduct dates, current STF authority, the applicable treaty and the operative order rather than assume that either 30 or 40 years always applies.

Can the person consent to extradition or transit through Brazil?

Article 87 permits voluntary surrender only with an express declaration, assistance of a lawyer and a warning about the right to judicial extradition proceedings and their protections; the request is still decided by the STF. Consent should not be described as an automatic handover or assumed to waive speciality protections under Article 96. Before signing, counsel should review the exact declaration and any treaty conditions. Article 99 is different: it concerns executive permission for transit through Brazil of a person extradited by another state, subject to public-order considerations and proof of the foreign measure.

What should an extradition lawyer do in the first days?

Hypothetical example: a non-Brazilian engineer is detained on arrival at Guarulhos after a provisional request alleging financial fraud abroad. Her sister hears about an INTERPOL alert but has no STF case number. Brazilian counsel should locate the custody record and provisional-arrest file, obtain the foreign warrant and applicable treaty, and establish when the requesting state was notified. The written-defence period runs from the actual interrogation date—not from the sister’s first call. This illustrates the statutory route, not the outcome of any real case.

Prepare a written timeline and collect:

• Full legal name, date of birth, nationality and immigration records, plus a trusted contact.
• Police and custody papers, any Brazilian judicial order and the STF or provisional-arrest case number.
• The foreign arrest warrant, indictment or final sentence, and any authenticated translations.
• Proof of the arrest date, interrogation date, notification to the requesting state and later diplomatic communications.
• Evidence of residence, family responsibilities or serious medical needs if custody alternatives or postponement may be relevant.
• A concise foreign-counsel note on the charges, procedural status and limitation periods, clearly marking any unverified point.

Keep three workstreams distinct: the Brazilian STF file, information sought through Brazilian executive authorities, and foreign counsel’s work on the underlying criminal case. A request to INTERPOL’s data-review body is not an application to the STF and does not itself suspend extradition. Immigration removal is also legally distinct from extradition; see extradition versus deportation. For a general cross-border sequence, see the extradition process from request to final decision.

Questions families often ask

The Lex Agency team can coordinate cross-border defence with appropriately qualified local counsel. To explain the documents and current stage, use the confidential enquiry form.