The federal judge Daniel Rafecas ordered the arrest of 61 Brazilians, at the request of the courts of the neighboring country, for attacking the democratic order in the transfer of command during the departure of Jair Bolsonaro and the arrival of Ignacio Lula Da Silva. As revealed to Infobae judicial sources, two arrests have already been made who rejected the accusations and asked not to be extradited. They are people sentenced in Brazil with a final sentence to effective prison terms.
This is JOelton Gusmão de Oliveiraa 47-year-old Brazilian citizen who was living with his family in La Plata. The arrest took place at streets 1 and 44during a routine patrol carried out by the Technical Operational Group (GTO) of the Second Police Station of La Plata. The man was in the process of renewing his immigration documentation in Argentina, it was indicated.
He was immediately arrested and today the hearing was held before the court officials and the prosecutor’s office. Gusmão de Oliveira assured at the hearing that he is a businessman and that he never attacked the democracy of his country. He maintained that he is a victim of political persecution and that he could not defend himself against the accusations in his country, sources revealed to Infobae. His defense will request his release in the next few hours.
The second detainee is Rodrigo De Freitas Moro Ramalho. In his country he was sentenced to fourteen years for crimes of violent abolition of the Democratic State of Law, coup d’état, aggravated damage, deterioration of classified property and armed criminal association.
Thus, there are now two arrestees on the list of 61 Brazilians for whom the Argentine justice system ordered the arrest. Interpol and the Argentine Federal Police are intervening. However, judicial sources told this media that the list of those wanted by Brazil could triple. Many of them have requests to be considered political refugees.
Now, it will be the justice system that will have to determine whether to move forward with the extradition. One of the key points is to verify that they have had the opportunity to defend themselves in the cases against them in the country that is investigating them and in what context they were convicted. As in any extradition process, the Argentine prosecutor – in this case Carlos Rívolo – acts on behalf of the Brazilian State.
Although these cases were concentrated in the courts of Comodoro Py 2002, it was evaluated that Judge Rafecas, after the arrests were made, would declare himself incompetent in cases where those sought resided in another jurisdiction other than his own and would forward the file to the corresponding courts. In the case of this detainee, to the federal courts of La Plata.
Since last June, the Brazilian Federal Police has been investigating the escape of several citizens of that country to Argentina, who are involved in the attack on January 8, 2023 at the Planalto Palace — headquarters of the Presidency — in which An attempted coup d’état against the elected president Inácio Lula da Silva was reported. In Brazil they suspect that at least 8 people who crossed the border could request political asylum from the government of Javier Milei. A month ago, the Superior Court of Brazil formally asked Argentina to extradite the fugitives. The request of the Argentine Foreign Ministry fell to the courts of Comodoro Py 2002 and by lottery it entered the court of Rafecas. According to reports, among those sought there are young and middle-aged men and women, students, real estate agents, housewives and even an evangelical pastor.
According to the procedure, a judge advances with the extradition trial without judging the facts for which he is being sought in his country. The decision is appealable to the Supreme Court. In any case, the last word to endorse or stop an extradition lies with the Executive Branch.
Until now, Javier Milei’s government has not spoken publicly about these arrest warrants. In the coming days, Lula and Milei will meet face to face during the summit that will be held in Rio de Janeiro for the G-20 summit. Milei is on good terms with former President Bolsonaro. Bolsonaro’s son, Eduardo, was in Argentina on a couple of occasions to express his support for Milei and was even invited to the presidential inauguration of the libertarian leader last December.
