🇵🇹 Portugal → 🇧🇷 Brazil

The Court of Justice of Santa Catarina considered whether a request to transfer the execution of a Brazilian sentence to Portugal could be processed despite a final Portuguese decision authorising the convicted person’s extradition to Brazil. The Court held that sentenced-person transfer is an autonomous and potentially alternative mechanism of international legal cooperation and that the prior extradition decision did not make the transfer request legally inadmissible. It therefore reversed the lower court’s refusal and authorised the request to be forwarded to Brazil’s central authority, the Department of Asset Recovery and International Legal Cooperation, for administrative assessment and formal consultation with Portugal. The Court did not order the transfer itself, which remained subject to the agreement of both States and verification of the applicable statutory and treaty requirements. A subsequent decision of the Criciúma Criminal Enforcement Court confirmed that conditional release does not extinguish the remaining sentence and therefore does not prevent the administrative processing of the transfer request. The existing supervision conditions were maintained pending the decision of the competent Brazilian and Portuguese authorities.