The Interface Between Extradition and Refugee Status in Brazilizn Law: The Case Cesare Battisti

I. INTRODUCTION 

Judicial Activism has come to international law. It's the least (and perhaps the most) that can be said. The case Cesare Battisti¹ has put an end to the dogma of the Executive’s supremacy in matters of international relations. However, its reflexes are not clearly predictable as future cases dealing with these same issues should still be analyzed. Anyway, it is clear that issues such as asylum or refugee status, before exclusively within the Executive’s domain, may be reviewed by the Judiciary, according to the orientation that prevailed in the Supreme Court. Today, it looks like there are no clear limits to judicial review in international law matters.

In brief: the case Battisti, either for better or for worse, is an important landmark in Brazilian case law. The judgment before the Federal Supreme Court dealt with many aspects related to extradition law: it underwent a detailed analysis of several specific issues related to extradition proceedings, such as the political crime defense and statute of limitation; the limits of State discretion in matters of international relations and the scope and consequences of refugee status. This article provides a brief summary of the case, the Supreme Court decision and pertinent remarks.

II. REPORT OF FACTS

From the late 60s to the 80s of last century, Italy was shaken by a deep political turbulence, which involved armed actions of the extreme right and extreme left, as well as strong reactions from the State. It was a period marked by attacks in public places, public figures’ kidnappings, murders, bank and commercial establishments’ robberies, among numerous other violent actions. The culmination of this historical process was the kidnapping and murder of the Christian Democrat leader Aldo Moro in May 1978. Although violence has started to decline thereafter, there was still severe and bloody episodes in the 80s³.