Antenor Madruga, partner at FeldensMadruga Law Firm and associated lawyer, Maria Rosa Loula, discussed at Instituto de Direito Público (IDP), last night, the case of the first Brazilian national to be extradited in history. Claudia Hoering was turned over to United States authorities last January to stand trial for the murder of her former husband and air force hero, Karl Hoering. The roundtable was coordinated by IDP´s professors, Maria Rosa and Vladimir Aras, Federal Prosecutor who also worked in the case, and had as guest speakers Paulo Cesar Rodrigues, federal judge that participated in the instruction of the process in the Supreme Court, and Tácio Muzzi, Adjunct Director of Assets Recovery and International Cooperation of the Ministry of Justice (DRCI-MJ), central authority in cases of extradition.
“The decision brings juridical insecurity to Brazilians living abroad. Specially because the Court did not dive into the interpretation of what are civil rights to the Constitution”, said Antenor Madruga in his exposition. Claudia lost her Brazilian nationality for having acquired voluntarily, according to the Court´s understanding, US citizenship. The Brazilian Constitution allows the withdrawal of nationality of those individuals who, without any necessity of fully exercising civil rights in their place of residence, opt for naturalization. The statement from the Ministry of Justice in the administrative process that resulted in the loss of Claudia´s nationality, differentiated political rights (to vote and be voted) from civil rights, theme upon which the Supreme Court did not touch on its recent decision.