“Respect for the principle of reciprocity is a fundamental requirement stipulated in both the Brazilian Migration Law and the extradition treaty between the two countries, and its absence prevents the request from being pursued,” the Justice claimed in his ruling.

The measure responds to the decision of the Spanish authorities to reject the extradition of blogger Oswaldo Eustáquio, a self-confessed follower of former president Jair Bolsonaro, on the grounds that the Brazilian request was ‘politically motivated’.

In his ruling, De Moraes demanded that the Spanish government, through its diplomatic representation in Brazil, offer clarifications within five days and prove the existence of reciprocity in terms of surrender.

In the same decision, it granted house arrest to Vasilev, accused in Madrid of drug trafficking and detained in Mato Grosso do Sul since February 18.

Spain’s refusal to extradite Eustáquio generated a strong reaction from the Minister, who considers the measure a violation of the principle of reciprocity, provided for both in the Migration Law and in the Extradition Treaty signed between Brazil and Spain in 1990.

In the arbitration of the Spanish court, disclosed on Monday, the court understood that there was no legal basis to extradite the blogger.

It argued that among the actions attributed in Brazil, including participation in anti-democratic demonstrations and incitement to an attempted coup d’état, would be protected by freedom of expression in the Spanish legal system.

Since 2023, the Internet content producer is in Spain, where he resides while facing investigations in Brazil for inciting acts against democracy and for allegedly persecuting public agents involved in the investigations of the attempted coup d’état.

By suspending the extradition of the Bulgarian, De Moraes made it clear that the bilateral relationship must be based on equal treatment between States.

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