By Summary
Living abroad does not end a criminal case in Brazil. With a known address, service is by letter rogatory and the limitation period is suspended until it is executed (Code of Criminal Procedure, art. 368); without an address, service is by public notice, and both the case and the limitation period may be suspended (art. 366). An open arrest warrant can be executed on arrival. Rocha Advogados, based in Goiânia, conducts criminal defence for Brazilians living abroad.
How do I find out whether I have a case or an arrest warrant in Brazil?
The lawyer checks the courts and the CNJ's National Bank of Criminal Measures and Arrests (BNMP), which gathers the country's arrest warrants. This check should be done before any trip to Brazil.
Does the limitation period run while I am abroad?
It depends on the situation. With a letter rogatory, the limitation period is suspended until it is executed (art. 368). With service by public notice and no lawyer, the case and the limitation period are suspended (art. 366), but the suspension has a limit: under STJ Precedent 415, it lasts at most the limitation period for the maximum penalty of the crime.
Can Brazil request my arrest in the country where I live?
Brazil can request extradition, under the treaties and the law of the country where the person is. A Brazilian-born national, on the other hand, is never extradited by Brazil (Constitution, art. 5, LI); that protection applies to requests made to Brazil, not to requests from Brazil to another country.
What can the defence do from abroad?
Appear through a lawyer, file the written defence, ask for a pre-trial detention order to be revoked, propose an agreement where the law allows, and attend hearings by video conference when the judge authorises it. Settling the situation before travelling is the safest course.
What information does the lawyer need?
- Full name, CPF and date of birth, to search the courts.
- The state and city where the events allegedly happened.
- The case or police inquiry number, if you know it.
- Any summons, letter or message received from the police or the courts.
- The date you plan to travel to Brazil, if any.
Frequently asked questions
If I hire a lawyer, does the case start moving again?
Yes. Appointing a lawyer in a case suspended under art. 366 ends the suspension, and the case proceeds with your defence. That is why the decision to hire and the right timing should be assessed after reading the court record.
Can I reach an agreement with the prosecution while living abroad?
For some crimes, yes. The non-prosecution agreement (Code of Criminal Procedure, art. 28-A), plea bargaining for minor offences and conditional suspension of proceedings (Law 9.099/1995) can be negotiated by the lawyer, depending on the crime and the person's record.
Will I be arrested at the airport if I return?
If there is an open arrest warrant, it can happen. If there is not, no. A prior check of the courts and the CNJ answers this question before the trip.
Is the case confidential?
Some cases are sealed, but most are public. The lawyer has access to the record with a power of attorney and tells the client what it contains.
What happens if I am summoned by public notice and do not appear?
When the accused cannot be found, the summons is published by public notice. If they neither appear nor appoint a lawyer, the case and the limitation period are suspended, and the judge may order pre-trial detention if the legal requirements are met (article 366 of the Code of Criminal Procedure). Appointing a defence early changes the course of the case.
This content is for information only and does not replace advice on your specific case. No outcome is guaranteed, in line with Brazilian Bar Provision 205/2021.
Rocha Advogados, a law firm in Goiânia, Brazil, serving Brazilians living abroad. Av. D, 419, 4th floor, Setor Marista. Lawyers in charge: Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087. Online service for Brazilians in any country and in-person service in Goiânia.