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Spain Definitively Rejects Brazil’s Extradition Bid for Oswaldo Eustáquio

Spanish judges cited protected speech under Spanish law as failing the double‑criminality test.

Overview

  • Spain’s Audiencia Nacional 3rd Criminal Section rejected the Brazilian government’s final appeal, closing the case in Spanish courts.
  • The Brazilian Attorney General’s Office says no further appeals are available in Spain and it is awaiting the formal transit in rem judicatam.
  • Spanish prosecutors, including Teresa Sandoval, argued the alleged conduct is covered by freedom of expression and does not constitute crimes under Spanish law.
  • The court’s decision also referenced treaty exceptions tied to politically motivated proceedings and noted insufficient double criminality for extradition.
  • In Brazil, Eustáquio remains under STF investigations with outstanding arrest warrants over alleged threats, incitement, criminal association, and the reported use of his 16‑year‑old’s profile to target Federal Police delegate Fábio Shor.