Italy – Brazil

๐Ÿ‡ฎ๐Ÿ‡น Italy โ†’ ๐Ÿ‡ง๐Ÿ‡ท Brazil

Bilateral Information
Applicable Treaties
Extradition Treaty between the Italian Republic and the Federative Republic of Brazil, done in Rome on 17 October 1989.

Date of signature of the agreement: 17 October 1989
Place of signature of the agreement: Rome
Type of agreement: bilateral
Date of entry into force: 1 August 1993
Implementing legislation: Law No. 144 of 23 April 1991
Publication: Official Gazette No. 108 of 10 May 1991, Ordinary Supplement
Extradition to Brazil refused for breach of judicial independence and impartiality (Zambelli case)
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Summary
The absence, in the requesting State, of effective protection of the guarantee of judicial impartiality, viewed from an objective standpoint, constitutes a bar to surrender, since that guarantee forms part of the essential core of the right to a fair trial and of the rights of the defence, in accordance with the fundamental principles of the legal order, as guaranteed by the Constitution and by supranational instruments. In the case at issue, the person injured by the offences charged against the requested person had sat on the judicial panel as reporting judge, had also dealt with the preliminary issue of his own incompatibility, had issued the arrest warrant, and had drafted the extradition request.
22/05/2026 ยท Italian Supreme Court ยท 21634/2026
๐Ÿ‡ฎ๐Ÿ‡นItaly โ†’ ๐Ÿ‡ง๐Ÿ‡ทBrazil
DeniedExtradition
Estension of the extradition, self-money laundering and lack of circumstancial evidences
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Summary
In matters concerning the extension of extradition, the conditions for granting the request are not met where, although only a summary assessment of the evidence submitted by the requesting State is required, the accompanying documentation does not provide a sufficient prima facie evidentiary basis as to the unlawful origin of the assets involved in the alleged self-laundering offence. The mere purchase of assets abroad, the failure to comply with tax disclosure obligations, and the temporal connection with offences already adjudicated are not, in themselves, sufficient to establish that the reinvested funds originated from the predicate offences.
05/02/2019 ยท Court of Appeal of Bologna ยท 10014/2019
๐Ÿ‡ฎ๐Ÿ‡นItaly โ†’ ๐Ÿ‡ง๐Ÿ‡ทBrazil
DeniedExtradition