Emergency criminal defense · arrest in the act
From the police station to the custody hearing, every step produces a document with a deadline. The technical defense starts by reading those records, not by guessing.
After the arrest, the person is taken to a police station, where the police chief (delegado) hears the arresting officer, witnesses and the detainee and decides whether to draw up the arrest report (auto de prisão em flagrante). Once it is drawn up, the detainee receives the notice of charges (nota de culpa) within 24 hours, and the report is sent to a judge, who holds the custody hearing (audiência de custódia) within 24 hours to decide between releasing the person because the arrest was unlawful, granting provisional release with or without precautionary measures, or converting the arrest into pre-trial detention.
This page is for the person arrested in the act and for relatives who need to act in the first hours. Emergency in-person assistance in the city of São Paulo (East, North and South zones), Guarulhos and the metropolitan area; other cases are handled throughout the State of São Paulo, Brazil, with remote meetings when appropriate.
Who gave the arrest order, whether one of the situations of article 302 of the Code of Criminal Procedure (CPP) applied, and whether the personal or home search respected the Constitution. Entering a home without a warrant requires a well-founded reason known beforehand, not one found afterwards.
The arrest must be communicated immediately to the judge, the prosecutor and the family or a person chosen by the detainee. Missing notifications are recorded and raised at the custody hearing.
The detainee has the right to know who arrested them and for what, and to speak with a lawyer. If the notice of charges was not delivered within 24 hours, there is a formal defect that must be recorded.
The statements of the arresting officer and witnesses are compared with the place, the time and the seized items. Relevant inconsistencies are pointed out before the judicial decision.
The judge assesses lawfulness, the need for detention and any mistreatment. The defense presents ties to the community, address, employment and personal circumstances that support release or less severe measures.
For offenses with a maximum sentence of up to four years, the police chief may set bail. The defense checks whether the case allows bail and whether the amount respects the detainee's financial situation.
Finding out which station holds the person and whether the report has been drawn up determines whether the defense acts at the station or already before the judge.
Footage from nearby cameras, messages, proof of where the person was and names of witnesses disappear quickly. Note and keep the originals.
Offers from third parties promising a quick release must be refused. No release decision is for sale; it depends on the judge and the case file.
Basic data is recorded, the police station identified and the stage of the proceeding checked.
Analysis of the arrest report, the police record, the preliminary expert report and the statements, identifying defects and relevant personal circumstances.
Oral and documentary presentation to the judge, with a reasoned request for release, provisional release or a precautionary measure other than detention.
Do not contact witnesses or victims to align versions. That may constitute a new offense and harms the defense. Report only what you know, with dates and times.
Yes, when the offense allows bail set by the police chief (maximum sentence of up to four years) and bail is paid. In other cases the decision belongs to the judge at the custody hearing.
It is the judge's finding that the arrest was unlawful, because there was no situation of flagrante, the report was defective or rights were violated. It differs from provisional release, granted when the arrest was lawful but detention is not necessary.
The rule is presentation to a judge within 24 hours of the arrest. Longer periods must be justified and can be challenged by the defense.
Public legal texts governing arrest in the act in Brazil. They help understand the procedure but do not replace reading the actual report.
Send the basic information through the secure channel. The screening identifies the police station, the stage of the report and the appropriate step, with no promise of outcome.