Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Brazil’s Law on the Legal Status of Foreigners (1980), as amended in 1981, states:
Article 76. Extradition may be granted when the requesting government invokes a treaty or promises reciprocity to Brazil.
Article 77. Extradition shall not be granted when:
II - the act which motivates the [extradition] request is not considered a crime in Brazil or in the requesting State;
III - Brazil has jurisdiction, according to its legislation, to prosecute the crime attributed to the person sought;
IV - according to Brazilian law, the crime shall be punished with a sentence of prison of one year or less;
V - the person sought is on trial or has already been convicted or acquitted in Brazil for the same act based on which [the extradition is] requested;
VI - the crime cannot be punished because the statutes of limitation have expired according to Brazilian law or the law of the requesting State;
VIII - the person sought would be subject to an ad hoc court in the requesting State.
Article 78. For an extradition to be granted, the following conditions shall be fulfilled:
I - the crime must have been committed in the territory of the requesting State or the criminal laws of such State must apply to the person sought; and
II - there must be either a final sentence of imprisonment or an arrest warrant for the person sought issued by a judge, tribunal or competent authority of the requesting State, except in the case provided for in article 82 [regarding preventive detention in urgent situations].