The Brazil’s Bar Association, through Resolution nº 188/2018, has regulated the criminal defensive investigation activities by attorneys which activities are already common in Brazil.
Among the rules introduced by the new resolution is the concept of the criminal defense investigation. According to the article 3th, the criminal defense investigation may be conducted during all criminal persecution, in the previous investigation, on the appeal in all degrees of jurisdiction, during the criminal enforcement, on criminal revision, in case of plea bargains and leniency agreements.
The resolution provides that during the criminal defensive investigation the attorney can conduct all necessary investigation in the client’s interest, except those cases that depend on legal authorization, such as breach of bank secrecy and dawn raid. The attorney should preserve the secrecy of the collected information, as well as the dignity, privacy, intimacy and individual rights of the all people involved.
In addition, the attorney and other professionals involved in the investigation are exempted from the duty to report the facts investigated to the public authorities. Any report or publicity of the result of the investigation will require express authorization by the client.
Finally, the activities regarding the criminal defensive investigation are considered exclusive rights of the attorney and cannot suffer any kind of repression by the public authorities.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
