Living abroad and facing a police investigation or criminal case in Brazil? We handle the defense in the investigation and the case, with appeals and requests to the judge

How does criminal defense in Brazil work for someone living abroad?

The Constitution guarantees all defendants the right to be heard and a full defense (art. 5, LV) and the right to remain silent (art. 5, LXIII). The lawyer has the right to access evidence already documented in the investigation that concerns the defense (STF Binding Precedent 14). So the first step is to know what is in the file.

When the defendant is abroad at a known address, service is made by letter rogatory, and the limitation period is suspended until it is carried out (Code of Criminal Procedure, art. 368). The request goes through the Ministry of Justice, Brazil's central authority for international legal cooperation. Participation in a hearing by video call depends on the judge's decision. If an arrest order has been issued in Brazil, the defense asks the judge to revoke the order and appeals if it is upheld. It is this Brazilian order that serves as the basis for a red notice request.

Under the Constitution, no native-born Brazilian will be extradited by Brazil (art. 5, LI), and the Migration Law repeats the rule (Law 13.445/2017, art. 82, I). When a foreign country asks Brazil to extradite someone, the request first goes through the STF (art. 90), and the firm acts in that proceeding. Brazil can also request the extradition of someone abroad (art. 88). What is decided in the other country depends on its law and is not part of the service; we tell you before you engage us.

What the law says

Key points

Sources: Federal Constitution, art. 5, LI, LV and LXIII; Code of Criminal Procedure, art. 368; Law 13.445/2017 (Migration Law), arts. 82, 88 and 90; STF Binding Precedent 14; Ministry of Justice and Public Security (international legal cooperation); Interpol.

What is your case?

Situations the firm handles

Step by step

How the firm works

1. Request. You tell us about the case and send the documents through the form on this page.
2. Proposal. We send in writing what will be done and the fees, before any engagement.
3. Contract. You sign the contract and the power of attorney electronically, wherever you are.
4. Delivery. We file the defense, requests to the judge and appeals in the investigation or the case, with updates on WhatsApp.

Common questions

Frequently asked questions