O scheduled for April 15, 2026, the trial of the of the Italian sentence that sentenced former Uruguayan soldier Pedro Antonio Mato Narbondo, 85, to life imprisonment for crimes committed during Operation Condor, between 1975 and 1983.
The case will be analyzed by the Special Court, the collegiate body responsible for judging contested requests for approval of a foreign decision.
The discussion in court will not be about the authorship of the crimes or the validity of the conviction imposed by the Italian Court, but rather whether the sentence can be effective in Brazil and whether the country can undertake the execution of the sentence.
Narbondo is the son of a Brazilian mother and obtained his citizenship in 2003. According to the former soldier cannot be extradited.
The request was presented to the court by the government of Italy based on the provided for by .
Upon admitting the processing of the Italian request, the then president of the STJ, minister has already indicated one of the constitutional limits of the case. Read the of the decision (PDF — 93 kB).
“I emphasize that, even if the request to transfer the execution of the sentence is granted, the commutation of the life sentence will be inevitable, as it is unacceptable under Brazilian law”these.
Although the STJ may recognize the Italian sentence to avoid impunity, the execution of the sentence in Brazil comes up against the constitutional prohibition of perpetual sentences, provided for in .
The Court’s most recent jurisprudence admits the transfer of execution, but conditions compliance with the sentence within the limits of the Brazilian legal system. Read the excerpt from the Federal Constitution on the topic below:
BRAZIL PROHIBITS LIFE PRISON
If the approval of the process is authorized, the sentence imposed abroad cannot be executed in Brazil. The STJ tends to analyze the possibility of adapting the sanction to the ceiling allowed by national legislation, currently 40 years in prison.
This point is treated by the Court as a requirement to preserve Brazilian constitutional sovereignty, even if the country cooperates to give effect to a definitive foreign conviction.
Narbondo’s case gained relevance for bringing together in a single case issues involving international criminal cooperation, fundamental rights and constitutional limits on criminal execution.
The decision of the Special Court should indicate how far Brazil can go to fulfill international commitments without removing guarantees considered unavailable by the Constitution itself.
UNDERSTAND
Pedro Antonio Mato Narbondo was sentenced by Italian courts to life in prison for participating in crimes and repressive articulation of dictatorships in Latin America between the 1970s and 1980s.
According to the accusation received in Italy, the former soldier participated in actions that resulted in the kidnapping and death of 4 Italian citizens taken to the clandestine center Automotores Orletti, in Buenos Aires.
The sentence refers to the kidnapping of Italians Gerardo Gatti, Maria Emilia Isla Gatti de Zaffaroni, Armando Bernardo Arnone Hernández and Juan Pablo Recagno Ibarburu, in 1976, in Argentina.
According to the Italian investigation, the victims died after being tortured by the former soldier.
As Narbondo has Brazilian nationality, Italy cannot obtain his extradition to serve his sentence. Therefore, he appealed to the STJ to request that the foreign conviction be recognized in Brazil and be enforced here.
In March 2024, at the the Special Court consolidated the understanding that the transfer of the execution of a sentence is a valid instrument to prevent Brazilians convicted abroad from remaining unpunished simply because they cannot be extradited. Read the of the ruling (PDF — 483 kB).
