The Ministers, by majority, dismissed the prevalence of item LVI of Article 5 of the Federal Constitution, which states: “No Brazilian shall be extradited, except if naturalized, in the case of a common crime committed before naturalization, or proven involvement in trafficking of narcotics and similar drugs, in accordance with the law.”
In repealing the legal provision described above, the Justices relied on the provisions of Article 4, paragraph 12, of the Federal Constitution, which states: "The loss of nationality of any Brazilian who (...) acquires another nationality shall be declared." The loss of nationality does not occur only when a Brazilian's original nationality is recognized by foreign law or when naturalization is imposed by foreign law on a Brazilian resident in a foreign state.
Minister Roberto Barroso, rapporteur of the Writ of Mandamus, asserted that, having ruled out the two hypotheses in which there is no loss of Brazilian nationality, when choosing freely and voluntarily the nationality of another country, the Brazilian national ceases to have the rights inherent to a native-born Brazilian.
The decision is still subject to appeal to the full Supreme Court.
