The Government (PT) prepares an appeal against the decision of the court of denying the extradition of the target of two arrest warrants of the (Federal Supreme Court) for crimes against democracy and corruption of minors.
The decision to appeal came after the minister began a clash with authorities of the European country, on Tuesday (15), with a convict in Spain alleging disrespect for the reciprocity requirement on the Spanish side.
A Supreme Minister stated, under reserve, to consider that Moraes exceeded the release of the convicted Bulgarian and the suspension of the extradition process.
Another point that divided opinions in the Supreme was the request for clarification to the Spanish Ambassador in Brazil, Mar Fernández Palacios – Procedure of the diplomacy that is usually adopted by the Ministry of Foreign Relations, not by the judiciary.
Brazilian authorities intend to argue in the appeal that the role played by Oswaldo Eustáquio was not a mere critic of Lula management.
According to a member of the Ministry of Justice, it is evaluated that it is necessary to show in detail the actions of the influencer against democracy and public pressure against delegates of those responsible for investigations of the coup plot.
The Lula government believes the chances of reversing the scenario in Spain are low. The main fear is that a new negative of extradition can reinforce the Bolsonarist discourse that Brazil disrespects freedom of expression and pursues opponents.
The appeal must be prepared in collaboration between the (Attorney General of the Union) and Spanish lawyers who accompany the case. Sought, the Ministry of Justice did not respond.
The Spanish court this year denied two extradition requests from Oswaldo Eustáquio made by the Brazilian authorities – first, in March
On Monday (14), the 3rd criminal section of the national hearing refused the new request to extradite the influencer. The collegiate says that the alleged crimes committed by Eustáquio were attributed in the “context of political dispute” and are “less serious offenses”.
“[O histórico de prisões de Eustáquio e o contexto de disputa política] For this Court, there are sufficiently grounded reasons to believe that if the extradition is granted, there will be a high risk that the situation of the defendant in criminal proceedings in Brazil may be aggravated because of his political opinions and his binding to a certain ideology of this nature. “
reacted to the negative. He said that Spain is lacking with the principle of reciprocity and suspended the extradition process of Bulgarian Vasil Georgiev Vasilev, convicted of Spanish justice for drug trafficking.
Vasilev was arrested on February 18 in Mato Grosso do Sul after the Spain government filed an extradition of him. To give the message to the Spanish authorities, Moraes granted house arrest to the accused and summoned the Spain ambassador to provide clarification.
“[A negativa ao caso Oswaldo Eustáquio] It hinders the continuity of this procedure, in view of the disrespect for the reciprocity requirement between Brazil and Spain, “said the minister.
The request for extradition of Eustaquio 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 the Federal Police 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 () at the end of 2023 for encouraging and participating in demonstrations that asked for the coup against the inauguration of President Lula.
The blogger has been in Spain since 2023. In the process that runs in the country, the Brazilian government states that Eustáquio published videos that incited “the practice of undemocratic acts in favor of closing Congress and the Supreme Court” in 2021.
Moraes’s initiative to question a foreign diplomatic representation in Brazil was exploited by pockets, which tries to put the amnesty to the accused of January 8. The senator (PL-RJ) said that the Supreme Minister “is harmful to democracy and pulls all over to his black hole of foolishness.”
“Moraes released an international drug dealer because Spain did not send Brazil back to Brazil an accused of ‘opinion crime’,” said former president Bolsonaro’s eldest son.
The senator (PL-RN) said Moraes’s decision compared the crime of opinion to drug trafficking. “This’ relative justice became a show of subjectivity – or would it be selectivity? When a minister sees himself as a headlight of national morality, justice, which should be blind, see only what suits,” he wrote.
Sergio Moro (União Brasil-PR), senator and former Justice Minister, said that Brazil “gains nothing giving shelter to a drug trafficker”.
“The Supreme Court only authorizes extradition if it is in accordance with the requirements of the law and the treaty. It is up to the Executive to decision or not. The negative for any lack of reciprocity by the applicant would be the executive, giving rise to diplomatic negotiation.”
Prior to the escape to Spain, Oswaldo Eustáquio was arrested in Brazil. In 2020, Moraes ordered the arrest under the inquiry on undemocratic acts. In 2021, the indictment was requested at the suspected fake news. More recently, last year, he was involved in the case that resulted in the suspension of X (former Twitter) in Brazil, after the network refused to take a profile of his daughter.
