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

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
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article

Equipes Conjuntas de Investigação, atuação extraterritorial e soberania:evolução conceitual e modelos comparados

Paulo Roberto Galvão de Carvalho
Revista Brasileira de Direito Processual Penal
European Criminal Justice and Data Protection
article

Equipes Conjuntas de Investigação, atuação extraterritorial e soberania:evolução conceitual e modelos comparados

Paulo Roberto Galvão de Carvalho
article en

Abstract

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.

Revista Brasileira de Direito Processual PenalVol. 12(3)
Openalex Percentile: Top 6%
European Criminal Justice and Data Protection
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