A EXECUÇÃO DE SENTENÇA PENAL ESTRANGEIRA NO BRASIL: UMA ANÁLISE DA COOPERAÇÃO JURÍDICA INTERNACIONAL E O PAPEL DO SUPERIOR TRIBUNAL DE JUSTIÇA

Abstract

The transnational nature of crime imposes the need for International Legal Cooperation (ILC) for the effectiveness of criminal justice, making the enforcement of foreign criminal sentences in Brazil a highly relevant topic. This article nalyzes how the Brazilian legal system, through ILC and the role of the Superior Court of Justice (STJ), harmonizes the need for effective transnational criminal justice with the preservation of sovereignty and fundamental rights. The research, of a bibliographic and documentary nature, employs the deductive method to examine the normative framework and the jurisdictional function of the STJ. It is concluded that ILC is an imperative guided by the concept of cooperative sovereignty. Brazil has a robust system (Federal Constitution, Migration Law, and Treaties) that allows for the enforcement of sentences, but the STJ acts as a "guardian of compatibility." By exercising the juízo de delibação (non-merit review), the STJ filters foreign decisions, ensuring that transnational criminal enforcement is carried out in strict compliance with the pillars of the Brazilian Democratic Rule of Law, establishing a system that is simultaneously cooperative and rotective.