Public order
The abstract seriousness of the offense and public outcry are not enough. The defense shows the absence of repetition, of violence and of concrete risk of new facts.
Criminal · precautionary detention
Pre-trial detention: what justifies it and how to request revocation
Pre-trial detention is not an advance sentence. It requires a concrete, current risk stated in the decision, and it must be reviewed every 90 days. Changes in the facts open room to request release.
Straight answer: when pre-trial detention is allowed
It may be ordered only when there is proof of the offense, sufficient evidence of authorship and a danger created by the accused's freedom, shown by concrete facts indicating a risk to public order, the economic order, the criminal proceeding or enforcement of the law (article 312 of the CPP). In addition, no alternative precautionary measure may be sufficient and the offense must allow detention under article 313. The decision must be reasoned on current facts, and the judge must review the need for detention every 90 days.
This page is for pre-trial detainees, relatives and persons with a pre-trial detention warrant issued. 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.
Grounds used in decisions and how the defense meets them
Criminal proceeding
Claims that the accused may threaten witnesses require real evidence. Once the witnesses have been heard, that ground loses force.
Enforcement of the law
Risk of flight needs a concrete fact. Fixed residence, employment and voluntary appearance show the opposite.
Excessive delay
A proceeding stalled without fault of the defense and detention beyond a reasonable time constitute unlawful restraint, challengeable by habeas corpus.
Alternative measures
Electronic monitoring, periodic reporting, night curfew and no-contact orders may replace detention when they suffice for the intended purpose.
House arrest
Pregnant women, mothers of children up to 12, caregivers of dependents and seriously ill persons have specific provisions in article 318 of the CPP.
Moments when revocation is most viable
End of the evidence phase
Once witnesses have been heard, the ground of protecting the proceeding ceases to exist. It is the natural moment for a new request.
90-day review
The judge must reassess the need for detention. The defense prompts that review with updated documents.
New fact
Illness, birth of a child, a job offer or a change in the procedural situation justify a new request, even after earlier denials.
How the request is handled
1. Reading the decision
Identifying the grounds used and what has already been argued and decided.
2. Request to the judge
Application for revocation or replacement with new documents and a concrete proposal of alternative measures.
3. Habeas corpus
If detention is kept without sound grounds or with excessive delay, filing with the competent court.
Relatives should keep proof of address and employment updated and at hand. A well-supported revocation request in a few days is worth more than a generic one made in weeks.
Frequently asked questions about pre-trial detention
Is there a maximum length for pre-trial detention?
There is no fixed term in law, but detention must be reviewed every 90 days and may not exceed what is reasonable, assessed by the complexity of the case and the conduct of the parties.
Does a denied revocation request prevent a new one?
No. With a new fact or a change of procedural stage, the request may be renewed. Repeating the same arguments without novelty tends to be denied.
Can pre-trial detention be ordered for an offense with a low sentence?
As a rule it applies only to intentional offenses with a maximum sentence above four years, or in specific cases such as recidivism in intentional offenses and domestic violence.
Official references and related pages
Legal bases of pre-trial detention in Brazil. Viability of revocation depends on the decision and the procedural moment.
Is there a pre-trial detention ordered or kept for months?
Send the decision and the docket certificate through the secure channel. The screening identifies the grounds used and whether there is a basis for revocation, replacement or habeas corpus.