A perda da Nacionalidade Brasileira e seus efeitos em casos de Extradição

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

Humanities · Brazilian Legal Issues · Human Rights and Immigration · Migration, Racism, and Human Rights · Philosophy