The political strain of Brazil having an extradition request denied by the United States generates concern within the Brazilian government and the STF (Supreme Federal Court), in the wake of the Italian court’s refusal to extradite the former congresswoman.
Eduardo was (16) four years and two months in prison for the crime of coercion during the process for his role in the , which resulted in sanctions against Supreme Court ministers during the trial of the coup plot. The former deputy has lived in the United States since February 2025.
The assessment in the government and in , similar to that of lawyers interviewed by the Sheetis that the chances of the Donald Trump government accepting Eduardo’s extradition request would be minimal.
In the normal course of an active extradition process, the case’s rapporteur at the STF, minister Alexandre de Moraes, would send an arrest warrant and extradition request to the Department of Asset Recovery and International Legal Cooperation of the Ministry of Justice.
After the department confirmed the admissibility of the extradition request, the document would be sent to Itamaraty or the American government.
The perception in the government, however, is that yet another refusal of extradition by a foreign government would strengthen criticism that the Brazilian judicial system is not impartial.
In the decision released on June 12, the Italian Court of Cassation stated that there was a violation of Zambelli’s right to defense, because, among other factors mentioned, . The same interpretation could be used in the case of Eduardo Bolsonaro, convicted of his interference with a foreign government to impose Magnitsky Law sanctions against the STF minister.
In the United States, the extradition request would first be reviewed by a federal court, which would determine the admissibility of the request in light of the extradition agreement between the two countries and U.S. law. It would then be directed to the Secretary of State, Marco Rubio.
Lawyers see the risk that a request for Eduardo’s extradition may not even survive evaluation by the American Judiciary. This is because the extradition treaty signed by the United States and Brazil in 1965 prohibits extradition when the crime that gave rise to the request “is of a political nature”.
There is, however, no definitive definition of what constitutes a political crime. “The American judge can understand that there was political motivation in the crime of coercion”, says Raphael Rocha, professor of international law at the Federal University of Juiz de Fora.
But even if it passes through this first filter, it is unlikely to pass through the second. The Secretary of State has the discretion to have the last word regarding extradition. Rubio is close to the Bolsonaro family – he recently received Senator Flávio Bolsonaro (PL-RJ) in Washington. Furthermore, he is a staunch critic of Moraes.
“The political persecution by human rights violator Alexandre de Moraes continues, as he and other ministers of the Federal Supreme Court of Brazil unfairly decided to arrest former president Jair Bolsonaro. The United States will respond appropriately to this witch hunt,” Rubio posted on social media last September.
“The final decision is always political, even in cases where all the legal requirements set out in the treaty are present”, says Elaini Silva, PhD in international law from USP and professor at PUC-SP.
One idea under discussion would be to slow down the process of sending the extradition request to the Ministry of Justice, the analysis in the department and communication to the Trump administration, as a way of postponing political wear and tear.
The US, under Trump, has already denied the extradition request of Bolsonaro influencer Allan dos Santos, in 2024. The US government informed Brazil that not for crimes that Americans see as crimes of opinion, which would be guaranteed in the right to freedom of expression. These crimes would not have a counterpart in the American legal system and the crimes of slander, insult and defamation are not on the list of those subject to extradition in the agreement between the two countries.
Last December, he ordered the opening of the extradition process for former deputy Alexandre Ramagem, convicted of the coup plot, who currently lives in Florida.
And the Spanish Court decided, in April 2025, . He is the target of two arrest warrants from the Supreme Court and is suspected of crimes against democracy and corruption of minors. It was argued that the request was politically motivated and that there is no agreement between the two countries allowing extradition in this type of situation.
