Supreme Federal Court (STF, in portuguese), the highest court of Brazil, has jurisdiction over Brazilian constitutional case law.
EXTRADITION 700
RAPPORTEUR : JUSTICE OCTAVIO GALLOTTI
DECISION DATE : MARCH 4, 1998
Subject: Extradition and Political Crime
Facts:
The Government of the Federal Republic of Germany filed a request for the extradition of a German citizen accused of high treason and crime against external security, for having divulged State secrets relative to nuclear weapon developments to Iraqi authorities.
Issue:
Does the divulgation of State secrets regarding external security constitute a political crime to the effects of article 5, LII of the Federal Constitution, which bans the extradition of foreigners who committed political crimes?
Decision:
The Full Court by unanimity recognized the political motivation of the crime committed by the person sought and denied the extradition request based on article 5, LII of the Federal Constitution.
Full text (portuguese)
Source: STF (portuguese)
