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Re Lobo

International Law Reports Citado por Precedent Map Related
Vincent
Data12 Outubro 1949
Número do processoCase No. 91
ÓrgãoSupreme Court (Brazil)
Brazil, Federal Supreme Court.
Case No. 91
In re Lobo.

Extradition — Conditions of — Repeated Request for Extradition on Identical Charge — Admissibility of — Irregularity in Form of Original Request.

The Facts.—Acacio Lobo, held for extradition to Portugal, sought his release on a writ of habeas corpus. In 1946 the Government of Portugal asked for his extradition on charges of fraud, embezzlement and abuse of confidence committed in Comarca de Quilimane, Mozambique. The Federal Supreme Court refused to order extradition at that time because of irregularities in the form of the request. In 1949 the Government of Portugal again requested the extradition of Lobo on the same charges.

Held: that the writ of habeas corpus must be granted. Where a request for the extradition of a fugitive has been denied, a second request for extradition may not be based on the same charges. The Court said:

“The law provides that ‘where the extradition of an individual has been denied, delivery of the fugitive may not be solicited again on the same charges’ (Decree-Law No. 394, Article 10, section...

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