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The Minister of the Supreme Court, Luiz Fux, today ordered the arrest of the Italian Cesare Battisti, sentenced to life imprisonment in his country.
Fux's decision could facilitate the decision of President-elect Jair Bolsonaro to extradite Battisti to Italy. Last month, Bolsonaro announced that he would do "all that is legal" to extradite him.
Battisti was convicted in Italy of four homicides committed while he was part of the armed proletariat of communism. He arrived in Brazil in 2004, where he was arrested three years later.
The Italian government has requested the extradition of Battisti, accepted by the STF. However, on the last day of his tenure, in December 2010, the then president, Luiz Inacio Lula da Silva, had decided that Battisti would stay in Brazil and the act had been confirmed by the STF.
Recently, the extradition of Battisti was again considered. In November, after learning that it was possible to confirm extradition in the future government, Battisti reaffirmed that he trusted the democratic institutions of Brazil and denied having the intention to flee Sao Paulo, where he resides.
The Italian was arrested in Corumbá, in Mato Grosso do Sul, near the Brazilian border with Bolivia. According to the Federal Highway Police (PRF), he reportedly tried to leave the country with about $ 25,000 in foreign currency. Values greater than R $ 10,000 must be declared to the competent authorities, otherwise it will be considered a crime of fraud.
Fugas
Cesare Battisti, 63, sentenced to homicide in Italy, lives in São Paulo. A former member of the group of proletarian armed forces, a member of the Red Brigades, he was sentenced to life imprisonment in Italy for four homicides in the 1970s, which he pleaded innocent.
He spent 30 years fleeing between Mexico and France, and in 2004 he came to Brazil, where he remained in hiding for three years until his arrest in 2007.
In 2009 , the FST authorized extradition in a non-binding decision that gave the last word to the then President.
In November, the Supreme Court of Brazil attorney General of the Republic, Raquel Dodge, asked the Supreme Court to give preference to the trial of the case which concerns the possible extradition of Battisti. According to the prosecutor, a prison sentence is necessary to avoid the risk of flight and to ensure the extradition of Battisti.
"It is not only necessary, but urgent and indispensable, preventive detention, whether to avoid the risk of flight or to ensure the future and future return of extradition to the country. Italy, thus respecting the commitments of international cooperation badumed by Brazil, in accordance with the bilateral treaty between the countries concerned, "said the prosecutor.
Last year, in the middle as a result of information indicating that President Michel Temer had initiated an administrative procedure with a view to a possible review of the extradition refusal of Battisti, his defense had seized the STF of a motion to declare the impossibility to revise the decision.
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