Criminal immunity of lawyers under Law 8.906, of July 4, 1994 - Brazilian Bar Association Statute

Abstract

The text examines the evolution of international cooperation in criminal matters, highlighting the overcoming of a bidimensional view, restricted to States' interests, in favor of a trilateral perspective, in which the individual stands as a subject of rights. Using a legal-dogmatic and comparative method, it analyzes national reports from various countries, multilateral and bilateral treaties, and the systematization of the matter in domestic laws, such as Portuguese Decree-Law 43/91. It verifies the trend toward judicialization of cooperation procedures, with observance of adversarial proceedings, due process of law, and procedural guarantees in both the requested and requesting States, as well as the rejection of the "male captus, bene retentus" principle and the need for control by international bodies.