The chamber is reviewing the Bill 4596/09, by the Deputy Capitão Assumção (PSB-ES), which forbids the granting of political refuge to aliens having been convicted in their countries of crimes which also have a penalty provided for in Brazilian law. The article 3 and 41 of the Refugees’ Act will be amended.

The deputy explains that he elaborated the Bill with because of the case of the former left militant Cesare Battisti, an Italian citizen condemned for four murders in his country, and who recently was granted political refuge in Brazil, according to the decision of the Minister of Justice, Tarso Genro. If the deputy’s bill were a law today, the minister could not have granted refuge to Battisti.

According to the bill, the extradition processes will have to be reported to National Congress, which receives powers to void the acts of concession of political refuge.

Diplomatic crisis
Desolate with the refuge granted by the Brazilian government, the Prime Minister of Italy, Silvio Berlusconi, called his ambassador in Brasilia for a consultation in Rome. That kind of action, in international relations, is considered an initial step to a diplomatic crisis.

According to the minister Tarso Genro, the lawsuit of Battisti in Italy had many irregularities, among which the fact that the defense was made by a lawyer who had not been authorized by the defendant, and who used a fake Power of Attorney to do that.

In his request of political refuge in Brazil, Battisti affirms to have been a victim of political persecution, because he integrated an extreme-left organization at the time of the “lead years” in Italy – the 70es, marked by political violence, both from the left and from the right.

The minister Tarso Genro recognized the political character of the case and granted refuge to Battisti, showing that this is the procedure supported by the Constitution, by the Law and by Brazilian tradition in similar situations.

According to the deputy Capitão Assumção, “Italy, as a sovereign country, has all the right to feel offended, to request the review of the decision and to protest by diplomatic means, exactly what that country has been doing, since the decision of the Minister of Justice disrespected the expressed law, which forbids that concession for those who have practiced heinous crimes or terrorism”.

Mitterrand doctrine
The Deputy Capitão Assumção reminds that Battisti lived for more than ten years in France, as a political refugee, and that he had settled and constituted a family in that country. He became a writer, with several published books, most of them police novels. In France, he adopted a pacific lifestyle and was benefitted by the “Mitterrand doctrine” (formulated by the former president François Mitterrand), which granted political asylum to every activist who would formally repudiate armed fight.

With the end of the French Socialist government and of the “Mitterrand Doctrine”, though, Battisti was again threatened to prison and decided to leave France. He came to Brazil, where he was arrested by the Federal Police, according to an order issued by Interpol. Italy submitted an extradition request, but the Brazilian government decided to recognize Battisti as a political refugee.

Procedure
Subject to the analysis by the House Floor, that Bill will be reviewed by the committees on Foreign Relations and National Defense; and on the Constitution and Justice and Citizenship.

Report - Luiz Claudio Pinheiro
Editing - Newton Araújo
Translation – Positive Idiomas Ltda