The United States Department of Justice (DOJ) has formally recognized the validity of the decision of the Federal Regional Court of the 3rd Region (TRF-3), which decides to return the precious stone, known as emerald bahia, to Brazil.
During the negotiations, the Attorney General’s Office (AGU) was able to verify ConfessionA kind of international certification of the results of the Brazilian justice and Brazilian practice system.
Therefore, the DOJ has established an understanding that when the U.S. Assistant Attorney General recognizes a decision issued by a foreign court, it will act as a U.S. court decision, based on a bilateral agreement between the United States and Brazilian law. As well as in American law.
In addition, the DOJ ruled that if they had the same opportunity to raise the question in a foreign court, the party interested in the stone would not have the right to challenge the deportation to the US courts – in this case, the Brazilian court.
“Brazil is pleased with the DOJ’s decision to implement the Brazilian confiscation order. As the Brazilian authorities have demonstrated, the Bahia emerald is a national treasure that has been illegally cut and exported. We look forward to seeing the emerald return to its original home.” Jr. said.
Now, the DOJ petition will be filed in a U.S. court in the US capital, Washington.
The AGU sought to seize the Bahia emerald in court and to recognize international legal cooperation with the US judiciary to return the stone to Brazil.
In the first half of 2015, requests were issued and sent to the U.S. Department of Justice, which determined the application of the ban on emeralds in that country. Emerald is currently in the custody of the LAPD as per this court order.
According to the AGU, the property of the emerald belongs to the Central Government, which is in accordance with Articles 20, IX and 176, paragraph 1 of the Federal Constitution. The gemstone was taken from Brazil without proper authorization or permission.
It was then shipped to the United States using forged documents. Therefore, this mineral could not be sold to US buyers by prospectors and intermediaries and was shipped overseas.
In 2017, a federal court in Campinas (SP) sentenced two men to life in prison for allegedly smuggling $ 372 million worth of stone into the United States. Union.
With this decision, the Brazilian judge ordered the issuance of a search and seizure warrant aimed at returning the ore, after which the DAI confirmed that the decision would be made in accordance with the International Legal Cooperation Agreement with US companies. . With information on AGU consultation.
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