Extradition: An Unprecedented Court Ruling May Lead a Brazilian to Life Sentence - ADVOGADOS INTERNACIONAIS BRASIL

Extradition: An Unprecedented Court Ruling May Lead a Brazilian to Life Sentence

After the execution, she would have fled to Brazil, where she spent nine years in freedom until being arrested in April, 2016.

The Brazilian Authorities does not assume that she committed the crime, but she became the main suspect for having fled to Brazil in the same day the husband was murdered, for having bought a weapon equal to the one that made the shots and learned to shoot two days before the crime.

She would also have transferred her husband’s money to her account.

Arrested since April, Claudia granted an interview where she did not confess of being the perpetrator of the crime, but said she suffered domestic violence.

Claudia also claimed that her husband had force her to have three miscarriages because he did not want children. 
Every woman dreams to have a prince, imagine if it was not my dream either. A tall, handsome man that every woman wants to marry”. (…) “I was forty years old and desperate to marry and have kids”, but, “He treated me like a prostitute”.

“I was not treated as a wife and he was not giving me the right to be a mother. Every time I got pregnant I had to have an abortion. I got pregnant three times (…).” 

“The abuse led me to two suicide attempts and I was hospitalized in an asylum” she said.

Claudia explained that being forced to make the third abortion was the “fuse”, but without stating that she committed the crime.

Loss of nationality

Claudia became a naturalized US citizen in 1999 and her case went to the Brazilian Federal Supreme Court who understands that when she naturalized automatically renounced to her Brazilian nationality, according to the terms of Article 12, Paragraph 4, item II, of the Brazilian Federal Constitution, that states: 

Paragraph 4 – It will be declared the loss of the nationality of a Brazilian who:

II – Acquire another nationality by voluntary naturalization “.

According to the Federal Public Prosecutor, Claudia was not imposed to the US citizenship to remain in the US or to exercise civil rights.

“On the contrary, the naturalization was acquired to let her work as an accountant in US”, which led to it on September 28, 1999. 

The center of the legal decision of the Brazilian Court regarded about the procedure for the naturalization oath to the United States of America, were the petitioner states that:

Naturalization Oath of Allegiance to the United States of America

Oath

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

On July 4, 2013, a decree of the Ministry of Justice declared that she had lost her Brazilian nationality and, on July 1, 2007, a request for Habeas Corpus made by Claudia’s defense was denied by the Brazilian Federal Supreme Court.

In April of that year, Karl’s brother Paul Hoerig said in an interview with a major Brazilian broadcast that Claudia’s extradition will be a big leap for both countries, and especially for family and friends, who seek justice for the death of Karl. 

He says it was never clear why this process took so long, since Claudia resigned from her Brazilian citizenship and naturalized American in 1999.

We all want justice and believe that no one wants a murderer living free. This is a victory for the honest citizens of Brazil” .

Claudia is been held in a penitentiary in Brasília (DF) since April waiting for her extradition.

ABOUT THE AUTHOR: Expert in international law, Dr. Maurício Ejchel has been operating for 20 years as a lawyer, legal adviser and foreign and domestic companies consultant. Bachelor of Law graduated from the Pontifical Catholic University of São Paulo (1994), was admitted to the Bar Association of Brazil (1995) and later attended, among others, the General Course of Public International Law in “The Hague Academy of International Law” (1999) and the ILJ International Legal Theory”New York University Law School (NYU) – LLM Alien” (2002).

Copyright M F Ejchel – Google+
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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