Extraditados: um estudo do direito comparado sobre a regra do non inquiry no Brasil e nos Estados Unidos

Abstract

This work has as a purpose in analyzing the extradition under the view of Comparative Law. Therefore, gets in conflict the North American and Brazilian ordering, in order to analyze if exists a trend to overcome the rule of non-inquiry. To this end, it is necessary to use a specific method to perform the comparison and get to a result. Based on the assumption that the Courts of the countries in evidence just analyze the legal requirements and treaty‘s terms, without inquire about the procedures and humanitarian treatment of the extradited, it dazzled the possibility of violation of human‘s rights. On this tuning fork, it analyzes the structuring of the cooperatives lawsuits on both States and the incidence of fundamental rights on it. To this end, there were symbolic cases that subsidized the reasons of the rule and how they reflect on the due legal process‘ principle. Finally, it will be explored the possibility of an overcoming of the non-inquiry‘s rule, with notes about regional systems of protection and legal security of the decisions.