Fux orders the arrest of Cesare Battisti and paves the way for the extradition of an Italian | Politics

In the decision, Minister Luiz Fux authorizes the immediate arrest of Cesare Battisti by Interpol, that is to say by the federal police, which represents Interpol in Brazil.

The Italian was convicted of four homicides committed in Italy in the 1970s. In 2007, Italy requested his extradition and, in late 2009, the STF granted the application, while leaving the last word to the President of the Republic. At the time, President Lula had refused extradition on the last day of his term.

Last year, Italy asked the Michel Temer government to reconsider the veto decision against extradition.

Faced with the risk of reversal, Battisti's defense asked the Supreme Court for a habeas corpus preventive so that he would not be extradited. Battisti currently lives in a city on the coast of São Paulo.

The rapporteur, Minister Luiz Fux, issued the injunction, that is, a provisional decision, in October of last year. This measure prevented Battisti from being deported, extradited or deported to a new TSP position.

This Thursday, Fux revoked this injunction. He said that it was up to the president to extradite or not, because political decisions do not compete with the judiciary.

In addition, according to Fux, Interpol sought the arrest of Battisti for crimes of monetary fraud and money laundering, which will "re-examine the benefits and the opportunity of his stay in the country".

These suspicions refer to the arrest of Battisti in Corumbá (MS) in October of last year with undeclared money. He reportedly tried to cross the border with Bolivia with $ 6,000 and $ 1,300.

In the decision rendered Thursday, Fux felt that since the Supreme Court had recognized the possibility of extradition, other presidents could make different decisions and reconsider the cartel to expel the # 39; Italian.

"Since the judiciary has recognized the hygiene of the extradition process, the decision of the head of state to extradite the person concerned, as well as any re-examination, is not subject to any judicial review. "

The minister pointed out that the president had the sovereignty to review the extradition decision.

Fux pointed out that Battisti had no vested right to stay in Brazil because of Lula's decision not to extradite him. And he said that the fact that Battisti has a child in Brazil does not prevent extradition, as the STF has already decided.

The Minister pointed out that the conditions for arrest were met.

We expected a collegial decision, in plenary or in the first clbad of the Supreme. But Minister Fux eventually made the decision himself, finding that the Supreme Court had already authorized extradition.

The future of Italian is now in the hands of the President of the Republic: the current Michel Temer or who will take office in January, Jair Bolsonaro.