Brazil–US Extradition: Treaty, Supreme Court Review and Defense
In short: Brazil does extradite to the US, but not its own native-born citizens. The two countries have had an extradition treaty in force since December 17, 1964, yet Article 5(LI) of the Brazilian Constitution forbids extraditing any native-born Brazilian. Naturalized Brazilians can be surrendered only for ordinary crimes committed before naturalization or for proven drug trafficking. Foreign nationals, including US citizens, can be extradited once Brazil’s Supreme Federal Court (STF) approves the request.
Does Brazil have an extradition treaty with the United States?
Yes. The Brazil–US Treaty of Extradition was signed in Rio de Janeiro on January 13, 1961, with an Additional Protocol signed on June 18, 1962. Both entered into force on December 17, 1964 (15 UST 2093 and 15 UST 2112). Brazil promulgated them by Decree No. 55,750 of February 11, 1965.
It is an older “list” treaty: Article II names the offenses that qualify, and Brazil’s Migration Law adds its own conditions. Key provisions:
| Treaty article | What it provides |
|---|---|
| Art. V | Refusal grounds: requested state will prosecute itself, prior or pending trial, limitations, special tribunals, military or political offenses |
| Art. VI | Surrender can be refused unless assurances are given against the death penalty |
| Art. VII + 1962 Protocol | No obligation to surrender nationals, and only where constitution and laws allow it |
| Art. VIII | Provisional arrest; formal request within 60 days or release |
| Art. XI | Decided under the requested state’s domestic law and remedies |
| Art. XXI | Specialty; no re-extradition to a third country without consent |
Key fact: The 1962 Additional Protocol states that each country’s nationals are extraditable only if its constitutional and legal rules allow it. Because Brazil’s Constitution bars extraditing native-born Brazilians, the treaty gives the US no route to obtain them.
A treaty does not guarantee that any request succeeds. Treaty relationships change, so check the current status against the US State Department’s Treaties in Force before relying on this page (updated 2026). For the wider picture, see our overview of US extradition treaty partners.
Can Brazil extradite its own citizens to the US?
Brazil cannot extradite native-born citizens (brasileiros natos) to the US or to any other country. Article 5(LI) of the Federal Constitution states that no Brazilian will be extradited. The only exception covers naturalized citizens: for an ordinary crime committed before naturalization, or for proven involvement in illicit drug trafficking.
The Migration Law (Law No. 13,445/2017) repeats the rule: Art. 82(I) bars extradition of a native-born Brazilian, and Art. 82 §5 allows naturalized Brazilians to be extradited only where the Constitution permits.
Dual nationals face a particular issue. Under the earlier wording of Constitution Art. 12 §4(II), a Brazilian who voluntarily took another citizenship could lose Brazilian nationality. In a widely reported case, the STF upheld that loss for a Brazilian-born woman who had become a US citizen, and she was extradited to the US in January 2018. Constitutional Amendment No. 131 of October 3, 2023 changed the rule: nationality is now lost only by an express request to the competent Brazilian authority, and not where it would cause statelessness. If your status is uncertain, have it checked early — the whole defense may depend on it.
What happens if Brazil refuses to extradite a Brazilian national?
A refusal to extradite a Brazilian national is not immunity. Under Article 7(II)(b) of the Penal Code, Brazilian criminal law covers crimes committed abroad by Brazilians, so prosecutors can bring a case in Brazil if all the cumulative conditions of Article 7 §2 are met:
- the person enters Brazilian territory;
- the act is also a crime in the country where it was committed;
- the offense is one for which Brazilian law allows extradition;
- the person was not acquitted abroad and has not served the sentence there;
- the person was not pardoned abroad, and punishability has not been extinguished on any other ground under the more favorable law.
US evidence can reach Brazilian prosecutors under the US–Brazil mutual legal assistance agreement (signed 1997, in force since February 21, 2001). If a final foreign conviction exists, Migration Law Art. 100 may allow its enforcement to be transferred to Brazil — for nationals, habitual residents or persons with personal ties to Brazil, with at least one year left to serve, dual criminality, and a treaty or reciprocity — subject to recognition by the Superior Court of Justice (STJ).
A Red Notice or US warrant also still applies outside Brazil: a third country you travel to may arrest you and extradite you to the US under its own treaty.
Speak with an extradition lawyer, in confidence. Call, WhatsApp or Telegram +357 96 447475, or request a confidential case review.
Who decides a US extradition request in Brazil?
Brazil’s Supreme Federal Court (Supremo Tribunal Federal, STF) has exclusive power to decide extradition requests from foreign states, under Constitution Art. 102(I)(g). No one can be extradited until the STF has ruled the request lawful and well-founded, and no ordinary appeal lies against its decision (Migration Law Art. 90). The executive then authorizes surrender.
The process under the Migration Law and Decree No. 9,199/2017:
- Admissibility. The Ministry of Justice and Public Security receives the US request and checks formal requirements; a defective request is filed away but can be resubmitted.
- Interrogation and defense. The STF’s reporting justice questions the person; the written defense is due within 10 days and is limited to identity, defects in the documents, or illegality of the extradition (Art. 91 §1).
- STF judgment. The Court checks treaty and statutory conditions; it does not decide guilt.
- Surrender. If granted and authorized, the US must remove the person within 60 days or the person is released (Arts. 92–93).
Under Art. 82, the STF must refuse extradition where the conduct is not a crime in both countries, Brazil has jurisdiction, Brazilian law sets a penalty under two years, the person is prosecuted or was tried in Brazil for the same facts, the case is time-barred, the offense is political or of opinion (also Constitution Art. 5(LII)), a court of exception would try it, or the person has refugee status or asylum. The STF decides what counts as political and, under Art. 82 §4, may exclude terrorism and crimes against humanity.
Before surrender, the US must commit (Art. 96) to specialty, credit for time detained in Brazil, commuting a death or life sentence to imprisonment capped at 30 years (Migration Law Art. 96(III)) — for offenses committed after December 24, 2019, whether the STF will require 30 or 40 years is unsettled — no re-extradition without consent, no harsher penalty for political motives, and no torture or cruel treatment.
These Brazilian rules sit on top of the general toolkit in our guide to defenses against extradition.
How are Interpol Red Notices and provisional arrest handled in Brazil?
In Brazil, a Red Notice is not a domestic arrest warrant. Under Migration Law Art. 84 §2, a foreign request for provisional arrest may come through Interpol’s focal point in Brazil, the National Central Bureau run by the Federal Police in Brasília. Detention for extradition still requires a decision by the STF, after the Federal Public Prosecutor’s Office has given its view.
- Timing. Under treaty Art. VIII, the US must file a fully documented request within 60 days of the provisional arrest or the person is released, and a new request is admitted only with the full Art. IX documents; Migration Law Art. 84 §4 applies the same 60-day rule only where a treaty is silent.
- Alternatives to custody. Under Art. 86, the STF may allow house arrest or liberty with the passport retained, weighing immigration status, record and circumstances.
- Voluntary surrender. Consent is possible (Art. 87) only with a lawyer and after being told of the right to a judicial process; the STF still decides.
The notice itself can be challenged separately before Interpol’s Commission for the Control of Files (CCF) — see our Interpol Red Notice guide and how a Red Notice removal lawyer works.
How our lawyers help
We act when a client first learns of a Red Notice, a sealed US indictment or a provisional-arrest request, while most options remain open: checking nationality status, testing the request against treaty Article II and the Art. 82 grounds, preparing the STF defense with Brazilian counsel, and challenging the notice before the CCF. For the US side, see how extradition to the United States proceeds after surrender; the treaty also runs the other way, under the rules for extradition from the United States. We do not guarantee outcomes.
Talk to an extradition lawyer in confidence. Call, WhatsApp or Telegram +357 96 447475, or ask for a confidential review of your case.
FAQ
Does Brazil extradite to the US?
Yes, but not native-born Brazilians. Foreign nationals, including US citizens, can be extradited once the STF approves; naturalized Brazilians only for crimes before naturalization or proven drug trafficking.
Does Brazil have an extradition treaty with the US?
Yes. The treaty was signed on January 13, 1961, with an Additional Protocol of June 18, 1962. Both have been in force since December 17, 1964, and Brazil promulgated them by Decree No. 55,750/1965.
Can a Brazilian-born dual US citizen be extradited from Brazil?
Not while they keep Brazilian nationality. Since Amendment 131/2023, acquiring US citizenship no longer ends Brazilian nationality; loss requires an express request. Losses declared before the amendment are not automatically reversed, although reacquisition may be possible. Have your status confirmed by counsel.
Can I be prosecuted in Brazil for a crime committed in the US?
Possibly. Penal Code Art. 7(II)(b) allows it if the Art. 7 §2 conditions are met, including entry into Brazil and dual criminality.
Will a Red Notice lead to my arrest in Brazil?
Not automatically. A Red Notice is not a Brazilian warrant, but the US request can be sent through the Federal Police’s Interpol bureau to the STF, which can order provisional arrest; the US then has 60 days to file the formal request.
Can I appeal if the STF grants extradition?
No ordinary appeal lies: under Migration Law Art. 90 the STF’s ruling is final apart from a motion for clarification, so the defense must be ready before judgment.
