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Criminal · SPD Advocacia

Unlawful arrest or threat of arrest? Urgent habeas corpus

Habeas corpus protects freedom against unlawful arrest or abuse of power. It can be filed with the state court, the Federal Regional Court (TRF), the STJ and the STF.

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When is habeas corpus available?

The Brazilian Constitution guarantees habeas corpus whenever someone suffers or is threatened with violence or coercion to their freedom of movement, through illegality or abuse of power (art. 5, LXVIII). The Code of Criminal Procedure lists typical situations: arrest without just cause, excessive delay, incompetent authority, end of the reason for the arrest, denial of available bail and null proceedings (art. 648). The request can include an injunction, and the defense chooses the court according to the authority that performed the act.

Requirements

Most common situations

Pretrial detention without grounds

Generic decision or one without concrete facts.

Excessive delay

Case stalled while the accused is in custody.

Arrest for unpaid child support

Review of the amounts and the period charged.

Nullity

Proceedings or evidence with a serious defect.

Source: Brazilian Federal Constitution, art. 5, LXVIII; Code of Criminal Procedure, arts. 647 and 648.

What is your case?

Situations the firm handles

Pretrial detention

Lack of concrete grounds

We request revocation or replacement with precautionary measures.

Code of Criminal Procedure, arts. 312 and 319
Excessive delay

In custody without trial

Unjustified delay can lead to release.

Code of Criminal Procedure, art. 648, II
Civil arrest for child support

Child support debtor

We check the period charged and the possibility of payment.

Case review
Dismissal

Investigation or case without just cause

Request to close an investigation or case without basis.

Code of Criminal Procedure, art. 648, I
Sentence enforcement

Regime or benefit denied

Habeas corpus when there is an evident illegality in the enforcement.

Case review
STJ and STF

Higher courts

Action before the higher courts when the local court denies.

Constitution, arts. 102 and 105
This page provides general information, does not replace a review of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Review. We read the investigation or the case file and check deadlines, evidence and nullities.
  2. Strategy. We define the defense and explain the risks and the possible paths.
  3. Action. Requests, hearings, appeals and habeas corpus, at all levels.
  4. Follow-up. Each stage explained to you and your family, confidentially.
5,000+ cases handledTen years of practicePractice before the STJ and STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let us see if you are entitled

Answer the questions one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary by WhatsApp. Everything is protected by professional secrecy.

Common questions

Frequently asked questions

Can anyone file habeas corpus?

Yes, but a technical defense greatly increases the chances, because the request must show the illegality with evidence.

How long does it take?

The request for an injunction can be reviewed within a few days. The final judgment takes longer.

Can habeas corpus be used to discuss evidence?

As a rule, no. It is for illegalities that can be seen from the documents, with no need to produce evidence.

If the court denies it, is there still a way out?

Yes. The request can be taken to the STJ and the STF, depending on the case.

Do you serve clients in other states and abroad?

Yes. Service is provided at the office or online throughout Goiás and other states.

How much does it cost?

After the review, the firm sends a written fee proposal, before any engagement.

Habeas corpus lawyer throughout Brazil and in the higher courts

SPD Advocacia files habeas corpus with the TJGO, the TJDFT, the TRF1, the STJ and the STF, acting urgently.

Grounds of unlawful coercion

Article 648 of the Code of Criminal Procedure considers coercion unlawful when there is no just cause, when it lasts longer than provided by law, when ordered by an incompetent authority or in null proceedings, among other grounds.

Precautionary measures

When the arrest is not justified, the defense can request alternative precautionary measures, such as periodic court appearances and monitoring.

Informational content, in accordance with OAB Provision 205/2021. Each case depends on a review of the documents, and no result is promised.

Responsible lawyers

  • Sidnei Pedro Dias OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693 · leads the firm’s cases
  • Adrielle Oliveira OAB/GO 76.298 · civil, family, business and international matters
  • Eduardo Prado OAB/GO 59.836 · criminal and electoral law

Online service throughout Brazil and for Brazilians abroad. Own office in Anápolis, Goiás, Brazil: Av. Juscelino Kubitschek, 500, Genesis Office, rooms 1506 and 1507. About the firm →