Acórdão nº 837 de Tribunal Pleno, 30 de Abril de 2004
Magistrado Responsável | Min. Joaquim Barbosa |
Data da Resolução | 30 de Abril de 2004 |
Emissor | Tribunal Pleno |
Desição
- O Tribunal, por decisão unânime, indeferiu o pedido de extradição e determinou a imediata expedição do alvará de soltura. Ausente, justificadamente, neste julgamento, o Senhor Ministro Marco Aurélio. Falou pelo extraditando o Dr. Amauri Serralvo. Presidência do Senhor Ministro Maurício Corrêa. Plenário, 19.11.2003
Partes
Reqte. : Governo do Egito
extdo. : Hishan Ahmed Mahmoud Al-Tarabili ou Hisham Ahmed Mahmoud Al Tarabili ou Hisham Amhmoud El Tarabili ou Hisham Ahmed Mahmoud El Tarabili
advdo.(a/S) : Amauri Serralvo e Outro
Indexação
- INDEFERIMENTO, PEDIDO, EXTRADIÇÃO, INSUFICIÊNCIA, DESCRIÇÃO, FATO
DELITUOSO // IMPOSSIBILIDADE, ANÁLISE, PRESSUPOSTO LEGAL, PRESCRIÇÃO
MOTIVO, AUSÊNCIA, CLAREZA, OBJETIVIDADE, DEMONSTRAÇÃO, LOCAL, DATA
NATUREZA, CIRCUNSTÂNCIA, DELITO
- IMPOSSIBILIDADE, ENTREGA, ESTRADITANDO, EXISTÊNCIA, POSSIBILIDADE
CONDENAÇÃO, PENA DE MORTE, AUSÊNCIA, COMPROMISSO, COMUTAÇÃO //
INEXISTÊNCIA, DEMONSTRAÇÃO, CONDIÇÃO, REPRESENTANTE, ESTADO EGÍPCIO
AUTORIDADE REQUISITANTE
- (FUNDAMENTAÇÃO COMPLEMENTAR), INÉPCIA, PEDIDO, EXTRADIÇÃO
INEXISTÊNCIA, DEMONSTRAÇÃO, DELITO, INSUFICIÊNCIA, ALEGAÇÃO
ENVOLVIMENTO, EXTRADITANDO, OPERAÇÃO TERRORISTA, (MIN. NELSON JOBIM)
Publicação
DJ 30-04-2004 PP-00032 EMENT VOL-02149-01 PP-00098
Observação
Acórdãos citados: Ext 456 (RTJ-122/469), Ext 524 (RTJ-134/56)
Ext 568 QO (RTJ-147/894), Ext 604 (RTJ-155/370), Ext 633 (RTJ-177/485)
Ext 694 (RTJ-166/66), Ext 744 (RTJ-172/751), Ext 807, Ext 836
Veja Artigos 2, 3, 40, 41, 48, 86 e 88 do Código Penal Egípcio
N.PP.:(31). Análise:(MSA). Revisão:(MSA)
Inclusão: 04/01/05, (MLR)
Alteração: 14/06/07, (MLR)
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