Naturalized portuguese citizens’ extradition from portugal to Brazil

• Autor(a) principal: Canotilho, José Joaquim Gomes
• Data de Publicação: 2019
• Outros Autores: Brandão, Nuno
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/80282
• topic: Extradition; naturalized citizens; principle of reciprocity; principle of equality; public order; Extradição; cidadãos naturalizados; princípio da reciprocidade; princípio da igualdade; ordem pública

The extradition of nationals is a matter foreseen and regulated both in the Brazilian Constitution and in the Portuguese Constitution. From the constitutional commands that govern it, Brazil has an absolute prohibition on the extradition of its native citizens, thus deriving to Portugal a prohibition on extradition of native Portuguese to Brazil, due to the constitutional principle of reciprocity. This leaves open the question of the extradition of citizens who have obtained citizenship by naturalization. This is the subject of this study, which assesses the possibility of the Portuguese State to respond positively to requests for the extradition of naturalized Portuguese coming from Brazil. In addressing the problem, the principle of reciprocity, the CPLP Extradition Convention, the Vienna Convention on the Law of Treaties and the principles of equality, universality and public order are taken into account, and it is concluded that extradition of naturalized Portuguese is not allowed.