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Italy asks Brazil to reconsider granting asylum to Cesare Battisti.

In secrecy, the Italian government has requested that Michel Temer review Lula's decision granting Italian Cesare Battisti residency in Brazil. It now falls to the legal counsel of the Presidency of the Republic to issue an opinion; so far, Temer's administration has not found any legal problems that would prevent a new decision on the case. Sentenced to life imprisonment in Italy and allowed to remain in Brazil after a decision by former President Luiz Inácio Lula da Silva on his last day in office in 2010, the Italian Cesare Battisti... 

In secrecy, the Italian government has requested that Michel Temer review Lula's decision granting Italian Cesare Battisti residency in Brazil. It now falls to the legal counsel of the Presidency of the Republic to issue an opinion; so far, Temer's administration has not found any legal problems that would prevent a new decision on the case. Sentenced to life imprisonment in Italy and allowed to remain in Brazil after a decision by former President Luiz Inácio Lula da Silva on his last day in office in 2010, the Italian Cesare Battisti (Photo: Giuliana Miranda)

247 - Sentenced to life imprisonment in Italy and allowed to remain in Brazil following a decision by former President Luiz Inácio Lula da Silva on his last day in office in 2010, Italian Cesare Battisti risks losing his right to remain in the country. In secrecy, the Italian government has submitted a request for President Michel Temer to review Lula's decision that granted Battisti residency in Brazil, preventing his extradition to serve his sentence in his country of origin.

The request is at the Presidential Palace and has already undergone an initial technical analysis. Now, it is up to the legal counsel of the Presidency of the Republic to issue an opinion. So far, Temer's administration has not found any legal problems that would prevent a new decision on the case.

According to government officials, two ministers have already given the green light for an action by Temer in favor of the Italian request: the Minister of Justice, Torquato Jardim, who was the first to analyze the foreign government's demand; and the Minister of Foreign Affairs, Aloysio Nunes Ferreira, who considers the act an important diplomatic gesture.

From a legal standpoint, the government has already found legal basis in a 1969 Supreme Federal Court ruling, traditionally cited by experts in administrative law. This ruling, which summarizes the Court's understanding on a specific topic, states that "the administration may annul its own acts" when there are flaws or revoke them "for reasons of convenience or opportunity." In other words, an act by Lula could be reviewed by Temer.

But for now, Temer prefers to stay away from the subject. And, at this moment, there shouldn't be a decision, despite the pressure. Officially, the government is even more cautious.

The last news about him is that he was living in the city of Rio Preto, in the interior of São Paulo, where he received treatment for hepatitis C through the SUS (Brazilian public health system). In his last appeal to the STF (Supreme Federal Court), the Italian man stated that he married the Brazilian Joice Passos dos Santos in 2015. The São Paulo court recognized that the Italian man is the father of a boy, born in November 2015, from a relationship with another Brazilian woman.

The information is from Report by Francisco Leale in O Globo.