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For individuals under investigation, defendants and victims
Defensive Investigation
Evidence gathering and organization by the defense, through documentary and technical analysis, interviews and expert opinions, in criminal inquiries and cases.
The problem
The defense does not have to wait for the prosecution’s evidence
In most investigations, the evidence is produced by the police and the Public Prosecutor’s Office. A defense that merely reacts to that material is at a disadvantage, especially in cases involving a large volume of documents, financial data or digital records.
Defensive investigation, regulated by Provision No. 188/2018 of the Federal Council of the Brazilian Bar Association (OAB), allows the lawyer to gather independent evidence: documents, witness statements, expert opinions and a reconstruction of the facts, which can be presented at the most strategic moment in the case.
Situations we handle
How defensive investigation is used
- Gathering and organizing accounting, contractual and digital documents
- Interviews with witnesses and others who know the facts
- Opinions and reports from technical consultants
- Analysis of financial data and electronic records
- Chronological reconstruction of the facts
- Support for requests to close the investigation, habeas corpus petitions and other defense filings
- Preparing evidence for a criminal review petition (revisão criminal)
- Support for victims acting as assistants to the prosecution
How we work
Stages of our work
Step 1
Defining the objective
What needs to be proved and at which stage of the case it will be useful.
Step 2
Plan of measures
Documents, witnesses and expert examinations required, within legal limits.
Step 3
Production and recording
Formalized collection, preserving the chain of custody of the material.
Step 4
Strategic use
Presentation at the time and in the form that most favors the defense.
Frequently asked questions
Common questions
Is defensive investigation lawful?
Yes. It is regulated by Provision No. 188/2018 of the OAB Federal Council, which establishes what the lawyer may do and the precautions to observe.
Must the defense submit everything it gathers?
Not necessarily. The defense decides whether, when and how to use the material it gathers, always within its ethical and legal duties.
Does it also serve victims?
Yes. A victim acting as assistant to the prosecution can gather elements to help clarify the facts.
For general information only. Each case depends on a review of the documents and the stage of the proceeding.
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Send a brief description of the matter and, if applicable, the case or proceeding number.