What is the MLAT - The Mutual Legal Assistance Treaty

Abstract

Mutual Legal Assistance Treaties (MLATs) are international agreements that establish legal cooperation between countries, particularly in transnational criminal cases such as drug trafficking, corruption, and cybercrime. They facilitate the exchange of information, evidence collection, suspect location, and asset freezing while respecting national sovereignty. MLATs are categorized into bilateral (e.g., Brazil-USA, signed in 1997), multilateral (e.g., Palermo Convention), general or specific, regional (e.g., Mercosur), and ad hoc arrangements. In Brazil, the Department of Asset Recovery and International Legal Cooperation (DRCI) manages these requests, while in the USA, the Department of Justice (DOJ) serves as the central authority. The Brazil-USA MLAT, for instance, was pivotal in the Lava Jato Operation, enabling evidence sharing and resource repatriation, though it faces challenges like bureaucracy and legal differences. Alternatives such as Interpol complement the system. In contrast, the Magnitsky Act, a U.S. law enacted in 2012 and expanded in 2016, imposes unilateral sanctions (asset freezes and visa bans) on human rights violators and corrupt individuals, potentially using MLATs to gather evidence but not relying on them for enforcement. Thus, while MLATs structure cooperate, the Magnitsky Act functions as unilateral pressure.