By 6 votes to 3 the Supreme Federal Court in Brasilia rejected without reviewing the substance of the appeal against the decision of the Italian government of former President Lula, who has blocked the extradition of Cesare Battisti. The decision to Lula is international, and as such can not be challenged by another government according to the Brazilian courts.
According to the newspaper Folha de Sao Paulo judges who voted against extradition are: Luiz Fux, Carmen Lucia, Ricardo Lewandowski, Joaquim Barbosa, Carlos Ayres Britto, Marco Aurelio Mello.
For them, the decision taken at the time by former President Lula in Brazil to keep Battisti is a matter of national sovereignty, then the responsibility of the executive branch and not the judiciary. Fux in particular asked to decide first whether the appeal on the decision to Italy's Lula has rejected as "offensive to Brazilian sovereignty" and demanded an additional casting vote.
According to the newspaper Folha de Sao Paulo judges who voted against extradition are: Luiz Fux, Carmen Lucia, Ricardo Lewandowski, Joaquim Barbosa, Carlos Ayres Britto, Marco Aurelio Mello.
For them, the decision taken at the time by former President Lula in Brazil to keep Battisti is a matter of national sovereignty, then the responsibility of the executive branch and not the judiciary. Fux in particular asked to decide first whether the appeal on the decision to Italy's Lula has rejected as "offensive to Brazilian sovereignty" and demanded an additional casting vote.
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