[ad_1]
BRASILIA – Federal Supreme Court Minister Luiz Fux on Thursday ordered the arrest of former Italian militant Cesare Battisti for extradition, the newspaper reported Jornal Nacional. The Italian has been living in freedom in Brazil since 2010, when he obtained permission from President Luiz Inacio Lula da Silva to stay in the country. In the ruling, Fux said that the current President of the Republic had the power to review Lula's act and decide whether Battisti would be in Brazil or would be sent back to Italy, where he is liable to 39, a prison sentence. Until this decision is made, the Italian will be arrested.
The Italian defense can appeal the decision of Fux and request the dismissal of the case in plenary. However, it is unlikely that the trial will take place later this year. The STF enters recess next Thursday. There would be no time to call the lawsuit. The court only resumed its activities in February 2019. Until then, the most likely is that Battisti is already far from Brazil.
The decision on the fate of Battisti can be made by Michel Temer in December or by Jair Bolsonaro from January, depending on the political process of the issue. Both have already expressed the wish to dismiss the former activist in Italy. Battisti is currently living a quiet life in Cananéia, on the southern coast of the state of São Paulo.
It is highly likely that Bolsonaro will have the task of sending Battisti back to Italy, which could mean a rapprochement with the new president. The FST was recently criticized by the Bolsonaro allies when it approved the readjustment of 16.38% of ministers' salaries. The increase will have an impact on the entire judicial system. The bill will be paid by the new government.
The Battisti case is not new to the Supreme Court. In 2009, the court authorized the extradition of the former activist, at the request of the Italian government. However, he said the last word would be for the President of the Republic. Lula has decided to allow the stay of Italian in Brazil. At the time, the court did not decide whether the decision could be reconsidered by another President of the Republic.
In October of last year, Battisti was arrested in Corumbá while he was attempting to travel to Bolivia, supposedly to avoid possible extradition. According to the Federal Court, there were "robust" indications on the practice of currency evasion and money laundering crimes. Two days later, the 3rd Federal Regional Court (TRF) ordered the release of Battisti. But he imposed on him the obligation to appear monthly before the judge to prove his residence and to justify his activities. He was also forbidden to leave the city where he lives.
In the same month, Fux ordered that the Italian be neither deported nor extradited nor expelled from Brazil. Now Battisti will await his arrest for possible extradition.
Last month, the trial of a similar case brought discussions on Battisti back to the FST. Seven of the eleven ministers said that a foreigner can not be expelled from the country if he has a Brazilian child, that it was designed before or after the crime that led to the process of arrest. expulsion. Even with the majority formed, a request for a hearing from Minister Gilmar Mendes halted the trial.
Some STF ministers believe that the agreement can be applied to Battisti, who had a son in Brazil with a Brazilian. This fact has even been alleged by the defense in the trial that the court is to judge this year.
The Aliens Act provides that the alien may stay in Brazil. The majority of STF ministers have declared the validity of this standard. They stated that "under the federal Constitution, the state is required to protect the child and the family. Removing the alien from the country would imply forcing the child to live without a father. Or, on the contrary, condemn her to live far from her country of origin if she has to leave Brazil with her father.
Even with apparent similarities between the two cases, two ministers heard by GLOBO said that this case did not directly affect Battisti's fate in the eventual judgment of certain defense resources. For these ministers, the President of the Republic is free to extradite or expel a foreigner. Especially since the Brazilian government has never granted him asylum.
In this case, the defense of Italy considers that the authorization of Lula to remain in Brazil can not be revoked by another President of the Republic. For the Attorney General's Office (PGR) and the Attorney General's Office (AGU), the act may be reviewed by subsequent leaders.
Battisti was sentenced to life imprisonment in Italy and escaped to Brazil in 2004. In 2007, he was arrested for responding to the extradition proceedings of Italy. The former activist was released in December 2010, in one of the last acts of the Lula government.
Last year, the Italian Defense asked the STF to inform him that he was "getting close to his former partner," Priscila Luana Pereira, with whom she had a son of five years. Priscila in turn sent a letter to the court "recounting his grief over his possible extradition" of the companion, considering "the economic and emotional dependence of his son".
The lawyers attached evidence of filings to the boy's mother to demonstrate that Battisti "struggled to provide for his son's needs". Deposits range from $ 200 to $ 350 per month. Priscila asked the court to let Battisti stay in Brazil.
[ad_2]
Source link
