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SMARGIASSI
Barred window of a prison cell

A relative detained in Brazil

Deadlines start running at the moment of arrest. 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. With defence counsel present, release or alternative measures can be requested at that hearing. From abroad, you can retain a lawyer the same day.

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

Prefer to write? Email us

Most clients abroad write to us. Email crosses time zones, keeps a record and lets you attach documents. We reply in English, usually within one business day (we are in Brazil, UTC−3).

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.

Frequently asked questions

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. With defense counsel present from that moment, release or alternative measures can be requested at the hearing itself.

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.

Felipe Smargiassi, criminal defense lawyer, OAB/MG 155.242
Felipe Smargiassi, criminal defense lawyer, OAB/MG 155.242
  • OAB/MG 155.242, admitted in 2014
  • Postgraduate studies in Criminal Procedure (Faculdade Legale)
  • Guaxupé (MG), practice throughout Brazil

Write to us

Tell us briefly about your case. A lawyer from the firm replies by email, usually within one business day.

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WhatsApp +55 35 91019-8798

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