A Extradição À Luz Dos Princípios De Cooperação Jurídica Internacional Previstos No Novo CPC

Abstract

The purpose of this paper is to analyze extradition in the light of the principles of international legal cooperation provided for in the New Code of Civil Procedure. To do so, it is initially necessary to approach the concept of extradition, viewed as a measure of international cooperation, as well as the legal requirements set forth in Law No. 13.445/2017 (Migration Law). As a matter of fact, the approach of the Migration Law is of the utmost importance, since it revoked the Statute of the Foreigner, which until then was the law responsible for dictating the rules to be observed in the specific cases of extradition. In fact, before we discuss the main subject, we must analyze the legal requirements of the new law that deals with this matter. This analysis is paramount for the subsequent topic of principles, which are significant bases for the analysis of any decision on extradition. Next, the paper describes the principles of international cooperation provided for in the New Code of Civil Procedure, as they are directly connected to the institute of extradition. These principles are then compared with the Model Code of Interjurisdictional Cooperation for Ibero-America, which is proposed as the guide for adequacy of the member states when the subject is international cooperation, as its name says. Lastly, the paper draws a parallel between the guiding principles of the Migration Law, illustrating all these aspects in a concrete case using the deductive logic.