Criminal Defense in Brazil.
In English. On the ground.

The first 24 hours are critical. Under Brazilian law, anyone arrested must be presented to a judge within 24 hours at a custody hearing (audiência de custódia), where the court decides between release, provisional liberty or pretrial detention. Retain a Brazilian criminal defense attorney admitted to the Brazilian Bar (OAB) immediately. Only attorneys admitted in Brazil can appear before Brazilian courts — a U.S. or foreign attorney cannot substitute for local counsel in a Brazilian criminal proceeding.

Yes. The entire engagement — initial consultation, retainer agreement, power of attorney and international payment — can be handled remotely, with full legal validity in Brazil. Brazilian law recognizes electronic signatures and digital documents. All communication with the international client and family is conducted in English.

Not in the same form. Brazil does not allow a defendant to simply plead guilty in exchange for a reduced sentence for most crimes. However, Brazilian law recognizes colaboração premiada (rewarded cooperation), closely analogous to a U.S. federal cooperator agreement under §5K1.1 of the Sentencing Guidelines. Under Law 12.850/2013, a defendant who cooperates effectively may obtain a sentence reduction of up to two-thirds, a change of sentencing regime, or, in exceptional cases, judicial pardon (perdão judicial). For lower-level, non-violent offenses, Brazil also offers the Non-Prosecution Agreement (ANPP), similar to a U.S. deferred prosecution agreement.

Brazil does not use a monetary bail system like the United States. There is no bail bondsman industry. Instead, after the custody hearing (audiência de custódia), the judge decides between three possibilities: unconditional release, provisional liberty (liberdade provisória) — which may include conditions and, in some cases, a fiança (a small monetary guarantee) — or pretrial detention (prisão preventiva). The decision is based on legal criteria defined in the Brazilian Code of Criminal Procedure, not on posting a private bond.

Pretrial detention (prisão preventiva) in Brazil can last months or, in complex cases, over a year. Brazilian law requires courts to review the necessity of pretrial detention every 90 days, but extensions are common, particularly in drug trafficking and organized crime cases. Effective legal representation — including habeas corpus petitions and motions for substitution by alternative measures — is often the key to securing release before trial.

Drug trafficking in Brazil is governed by Law 11.343/2006. The base penalty ranges from 5 to 15 years of imprisonment, plus fines. Foreign nationals arrested for drug trafficking are typically detained pretrial and face additional consequences, including expulsion from Brazil after serving the sentence. However, defendants without prior convictions and without ties to criminal organizations may qualify for a reduced sentence of one-sixth to two-thirds under Article 33, §4. Strategic defense can significantly affect the outcome.

Yes. Brazil and the United States have a bilateral extradition treaty. Extradition requests are reviewed by the Brazilian Supreme Court (STF), which evaluates compliance with Brazilian law, double criminality, statute of limitations and human rights standards. Brazil does not extradite its own nationals. Extradition defense is a specialized practice requiring experienced counsel before the STF in Brasília.

Only for intentional crimes against life — homicide, attempted homicide, infanticide and abortion-related offenses — which are tried by a seven-member jury (Tribunal do Júri). Every other criminal case, including drug trafficking, fraud, theft and white-collar matters, is decided by a single judge. There are no Miranda warnings read at arrest, though the rights to remain silent and to counsel are guaranteed by the Brazilian Constitution.

Yes. A Brazilian attorney admitted to the OAB may practice before any court in the country. Combined with Brazil's fully digital judiciary, this means we represent clients in criminal proceedings throughout the national territory — including São Paulo, Rio de Janeiro, Brasília, Belo Horizonte, Curitiba, Porto Alegre, Salvador, Recife, Fortaleza, Manaus and any other Brazilian jurisdiction — directly from our headquarters in Brasília, seat of the Superior Court of Justice (STJ) and the Supreme Court (STF).

All client communication, legal opinions and case reports are delivered in English. Procedural documents before Brazilian courts are drafted in Portuguese, as required by Brazilian procedural law, and summarized for the international client and family in clear English.

Fees are discussed after an initial confidential consultation, once the nature and complexity of the matter are understood. We work with fixed fees, monthly retainers, hourly fees or hybrid arrangements, always formalized in a written retainer agreement before any work begins. As a boutique practice focused on high-complexity matters, our engagement model is selective and premium.