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SMARGIASSI
Barred window of a prison cell

A relative detained in Brazil

Acting fast changes the outcome. We locate the detained person, follow the custody hearing and take on the defense — all remotely, in English.

If a relative was arrested in Brazil, the clock is short: the custody hearing takes place within 24 hours of the arrest, and the judge decides there on release — with or without bail (fiança, a sum set by the court, not a bond system) — or pre-trial detention. Defence present at that hearing changes the outcome. From abroad, you can retain a lawyer the same day.

Criminal defense lawyer · OAB/MG 155.242 · Remote service nationwide

The first steps

1. Locate — confirm which facility the person is in and their procedural situation (SEEU/BNMP and the enforcement court). See also how to locate a prisoner in Brazil.

2. Custody hearing — within 24 hours the judge decides. A defense present can ask for release or alternative measures.

3. Retained defense — replace the court-appointed lawyer (assigned by the State, who sometimes does not follow up) with a retained lawyer who accesses the case file and defines the strategy.

4. Border — if it is a border case (international trafficking, smuggling), jurisdiction is federal. See criminal defense at the border.

How you appoint a lawyer without travelling

You do not need to come to Brazil, and you do not need a middleman. The appointment is made remotely and the case runs electronically.

Power of attorney

signed where you are. For use in court it is apostilled (Hague Convention, in force in Brazil) and translated by a sworn translator — we tell you exactly which documents are needed.

Documents

identity papers and whatever you have of the case: case number, court, full name, mother's name and date of birth of the person involved.

How the case runs

filings are electronic (PJe, eproc, e-SAJ, SEEU) and hearings can be held by videoconference. You follow the case through the lawyer, in your language.

Scope in writing

what the firm will do — and what it will not — is set out in writing before the work starts.

Perguntas frequentes

How do I find out where my relative is detained in Brazil?

The person is located through the SEEU/BNMP systems and the enforcement court. The family can request the information, and a retained lawyer accesses the case file to confirm the facility and the procedural situation.

How long do we have to act after the arrest?

The custody hearing takes place within 24 hours of the arrest: the judge decides on release, pre-trial detention or alternative measures. Having a defense present from that moment is decisive.

Can I hire a lawyer without traveling to Brazil?

Yes. The engagement is done remotely through a power of attorney, apostilled where you are. Filings are electronic and you speak with the lawyer by WhatsApp, in English.

5,0 no Google · 27 avaliaçõesver no Google ↗

ReceptividadeQualidadeProfissionalismoValor

“Super indico! Se todos os profissionais fossem como ele, tudo seria ótimo para todos. Fez além do seu trabalho, me deu um suporte como se fosse um amigo ou irmão.”
— Rafael L. · avaliação no Google
“Fui muito bem atendido e foi muito rápido em protocolar o meu processo. Deu-me informações para que eu possa acompanhar o meu processo. Profissional muito íntegro e justo nos honorários. Recomendo a todos.”
— Alfredo C. · avaliação no Google
“Muito atencioso, responde rápido, super educado e faz você se sentir seguro! Recomendo!”
— Allex F. · avaliação no Google

Avaliações públicas do nosso perfil no Google. Ver no Google →

Felipe Smargiassi, advogado criminalista, OAB/MG 155.242
Felipe Smargiassi — Advogado Criminalista · OAB/MG 155.242
  • OAB/MG 155.242
  • Atuação em plenário (Tribunal do Júri)
  • Sul de Minas e todo o Brasil

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