Outlines of defensive criminal investigation in Provision 188/2018 of the Federal Council of the Brazilian Bar Association
Keywords:
Full defense, Equality of arms, Due process of lawAbstract
Historically, lawyers have played a marginal role in preliminary investigations, without effective participation in proceedings or broad access to evidence. Provision 188/2018 of the Brazilian Bar Association regulates defensive investigation, defining it as investigative activity by lawyers at any stage of criminal prosecution, to produce lawful evidence, ensuring adversarial proceedings, full defense, and equality of arms. It provides that the defense attorney may take steps, obtain documents and reports, hear witnesses, among other acts, while preserving confidentiality and individual rights. This instrument corrects inequalities in the criminal process, strengthening constitutional guarantees such as due process of law.
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