The minister of the (Federal Supreme Court) suspended the extradition of a Bulgarian arrested at the request of the government as response to. According to Moraes, the Spanish government disregarded the requirement of reciprocity.
In the same decision, the rapporteur orders the Ministries of Justice and Foreign Affairs to notify the diplomatic representation of the Government of Spain. Still, he summoned the lawyers of the case and the Spain Ambassador in Brazil.
“In extradite matters, it is peaceful to understand the Federal Supreme Court towards the enforceability of reciprocity by the requesting country, and the absence of this requirement hinders the proceedings of the request itself. “
In the subpoena, Moraes quotes “The Ambassador of Spain in Brazil”, although the country’s representative is a woman, the diplomat Mar Fernández-Palacios.
Bulgarian Vasil Georgiev Vasilev was arrested on February 18 in Mato Grosso do Sul. On April 7, the minister opened a deadline for the written defense of the prisoner, who is accused in Spain of drug trafficking. In the order on Tuesday (15), in the face of the suspension of extradition, Moraes granted house arrest to the accused.
According to the minister, the decision of the Spanish judiciary in the second (14) to reject the extradition of Eustaquius as requested by the Brazilian government after the decree of pre -trial detention by the Supreme Court, prevents the continuity of the procedure in the case demanded by Spain.
The minister determined that the Government of Spain, through his embassy, ”provides information in five days, proving the requirement of reciprocity, especially of the case mentioned above.”
The Spanish authorities considered that the request for extradition of the Bolsonarist influencer had been made by “political motivation.” In addition, the decision says there is no bilateral agreement of the country with Spain that allows extradition in such situations.
Moraes’s decision, however, cites the requirement of reciprocity provided for in the Migration Law and the Treaty of Extradition between the Federative Republic of Brazil and the Kingdom of Spain, formalized in 1990.
Article 1 of the Treaty provides that states are required to deliver individuals who respond to criminal proceedings or have been convicted by the judicial authorities of one of them and are in the territory of the other.
The decision is subject to appeal. On other occasions, he has already told Spanish court that he has not committed “any crime” and that he suffers “political persecution.”
The request for extradition of Eustáquio to the Ministry of Justice, a portfolio in charge of starting the progress of the request, was formalized by Moraes last September, just over a month after the magistrate determined to include the name of the investigated in the Red diffusion of Interpol, the International Police fugitive channel
Moraes ordered the arrest of the former president’s supporter in late 2023 for encouraging and participating in demonstrations that asked for the coup against the inauguration of the president ().
The blogger has been in Spain since 2023. In the process that runs in the country, the Brazilian government states that Eustaquio published videos that incited “the practice of undemocratic acts favorable to the closure of the Federal Supreme Court” in 2021.
The Government of Brazil states that Eustáquio used profiles linked to their children to pursue police officers who were investigating attempted coup d’état.
Another request had been denied in March. At the time, the Spanish justice understood that the acts attributed to Eustaquio would not constitute a crime in the country. The understanding was that the acts would be protected by the right to freedom of expression.
The acts in question correspond to two crimes in Brazilian law. They are: violent abolition of the democratic rule of law and attempted coup d’état.
