Equipes Conjuntas de Investigação, atuação extraterritorial e soberania:evolução conceitual e modelos comparados
The article examines whether the participation of foreign officers (seconded members) in extraterritorial activities within Joint Investigation Teams (JITs) is compatible with Brazilian state sovereignty. It identifies sufficient normative bases for establishing JITs in Brazil, while noting a gap in regulating their creation, functioning, and operational limits. It analyzes the concept of sovereignty employed in Brazilian case law developed in letters rogatory and mutual legal assistance requests, then traces the historical evolution of the concept and argues that the prevailing paradigm is relational, networked and cooperative sovereignty. From an analytical perspective, it reviews the legal frameworks of Portugal, Italy, and France to identify rules for extraterritorial activity and concludes that such activity can be admitted without violating sovereignty. These models suggest parameters to address Brazil’s regulatory gap and support the conclusion that extraterritorial activity in JITs can be understood as a cooperative, relational exercise of sovereignty.
Authors
- Paulo Roberto Galvão de Carvalho (ORCID: https://orcid.org/0009-0000-8444-5872)
Publication Details
- Journal
- Revista Brasileira de Direito Processual Penal
- Published
- 2026-11-05
- DOI
- https://doi.org/10.22197/rbdpp.v12i3.1385
- Primary Topic
- European Criminal Justice and Data Protection
- Type
- article
- Field-Weighted Citation Impact
- 0.00