The loss of Brazilian Nationality and its effects in cases of Extradition

the Claudia Cristina Sobral case

Authors

DOI:

https://doi.org/10.14393/RFADIR-v48n1a2020-55364

Keywords:

Original nationality, Loss of Nationality, Effect of Declaration on Time, Applicability of Constitutional Rules, Extradition

Abstract

This article seeks to analyze the rules on the loss of Brazilian nationality in the case of the acquisition of a new one. The article is a case study on Extradition no. 1.264, judged by the Supreme Court in 2017, which had the withdrawal from the national territory of Cláudia Cristina Sobral, after the new migration law came into force. The loss of nationality of the extraditand could have been reversed by the application of article 76 of Law no. 13.445/17. In addition, the constitutional rule that determines loss of nationality is not self-applicable, which would require a complement, which did not come in Law no. 13.445/17. As the loss of nationality takes effect through ministerial decree, the retroactivity of administrative acts and impacts of the possibility of reacquiring Brazilian native nationality is also analyzed. In this sense, it is argued that it would not be possible to carry out the loss without a regulatory law and re-acquisition would be possible if the loss occurred under the previous law.

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Author Biography

Luís Renato Vedovato, Universidade Estadual de Campinas (UNICAMP)

Professor da UNICAMP e Pesquisador FAPESP do Projeto de Pesquisa "Nova Lei de Migrações nos Tribunais" (Proc. 2018/26843-8). Coordenador do Curso de Extensão/Especialização Direito Constitucional Aplicado da Escola de Extensão da UNICAMP. Doutor e mestre em Direito Internacional pela Faculdade de Direito da Universidade de São Paulo.

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Published

2020-06-16

How to Cite

Vedovato, L. R. (2020). The loss of Brazilian Nationality and its effects in cases of Extradition: the Claudia Cristina Sobral case. Journal of the Faculty of Law of the Federal University of Uberlândia, 48(1), 16–37. https://doi.org/10.14393/RFADIR-v48n1a2020-55364

Issue

Vol. 48 No. 1 (2020): Journal of the Faculty of Law of the Federal University of Uberlândia

Section

Invited Authors

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