Extradition in Fascist Italy (1922-1943) and in Brazil of Getúlio Vargas (1930-1945) between the ascension of “Fascist Criminal Law” and the survival of the liberal tradition of Criminal Law
This paper aims to present the legal treatment given to extradition in fascist Italy and in Brazil of Getúlio Vargas to understand if the institute has suffered authoritarian torsions both on the field of internal law and on the diplomatic relations between these countries. On the Codice Rocco, the provision on extradition was meant to strengthen the repression, but the Italian treaties celebrated attached to the liberal paradigm ended up protecting the individual subjected to extradition. On its turn, if on one side the 1938 Brazilian Extradition Act relies on the elements of the institute created in the nineteenth century, it also adds important elements to the defence of a strong state. Thus, were these rules truly of a fascist origin? The hypothesis is to realize that the “Fascist Criminal Law” is not quite a revolution, despite introducing major changes it cohabits with the liberal tradition of criminal law.
Extradition in Fascist Italy (1922-1943) and in Brazil of Getúlio Vargas (1930-1945) between the ascension of “Fascist Criminal Law” and the survival of the liberal tradition of Criminal Law (12. April 2017), in forum historiae iuris, https://forhistiur.de/2017-04-nunes/