Brazil’s Justice Minister Resigns with Italian Guerrilla Case Unsolved

Brazzil Magazine covers

Tarso GenroTarso Genro just resigned as Brazil’s minister of Justice to run for governor of Rio Grande do Sul, the southernmost Brazilian state. Talking to reporters on his last day as minister, Genro denied that he had left president Luiz Inácio Lula da Silva a problem called Cesare Battisti.

“I am not leaving president Lula a problem. I have made a report. The president is completely aware of my position. Nobody loses, this is a win-win for all. It strengthens democracy,” said Tarso, explaining that the Battisti case expanded the debate in the country and caused people to discuss the issues involved.

“One result was the return of the presidential prerogative to make the final decision,” he claimed.

Last November the Brazilian Supreme Court decided that the president had the final word on the extradition of Battisti, an Italian guerrilla, to Italy.

However, in one of the opinions on the case justice Eros Grau found a loophole which could make it possible for the case to return to the court if Lula decides to allow Battisti to remain in Brazil. This is because by doing so Brazil would be breaking an extradition treaty with Italy that dates from 1989.

Battisti was tried and sentenced to life in prison for four murders in Italy in the 1970s when he was a member of an extremist left-wing group (two of the people he killed were low-level government employees – a customs official and a policeman).

Battisti escaped from prison in the 1980s and lived in France for many years before going to Brazil in 2004. In 2007 he was arrested in Brazil (for using false documents) and Italy immediately requested his extradition.

In January 2009, the minister of Justice, Tarso Genro, extended Battisti refugee status after the Brazilian Refugee Commission had denied it.

The case reached the Supreme Court in November 2009 where not one, not two, but three decisions were made. All three decisions were by 5 to 4 votes. There are eleven justices on the Brazilian Supreme Court but two of them did not participate.

First, the court ruled that Battisti should not have been given refugee status basically because his crimes were not considered political. Second, the court ruled that he should be extradited to Italy. Third, the court ruled that the final decision was the president’s, basically because international relations are involved.

ABr

Tags:

You May Also Like

Brazzil Magazine covers

Brazilians in the West Bank Might Not Be Able to Vote for President

There are currently 93 electoral zones abroad, some of them comprising more than one ...

Brazzil Magazine covers

Brazil to Spend US$ 1.7 Billion to Help Over 1 Million in Rio’s Slums

The Brazilian government will spend US$ 1.7 billion to bring running water and other ...

Brazzil Magazine covers

TAP Brings Half a Billion Dollars to Save Brazil’s Ailing Varig Airlines

Fernando Pinto, president of the Portuguese airline, TAP, reiterated Tuesday, November 8, his company’s ...

Brazzil Magazine covers

Housing and Agribusiness Boost Bank Credit by 15% in 2009 in Brazil

In Brazil, the volume of bank credit operations totaled 1.389 trillion Brazilian reais (US$ ...

Brazzil Magazine covers

Tom Jobim and Vinicius, the Brazilian Odd Couple Who Started It All – Part Three

Enter the American director, writer, producer, actor and jack-of-all-media-trades, the inimitable Orson Welles, once ...

Brazzil Magazine covers

Brazil Up News: Record High Job Creation and Exchange Balance Back to Surplus

In November, the Brazilian Labor minister, Carlos Lupi, announced, Brazil created 246,695 formal job ...