SIZE Diminuir tamanho da fonte Aumentar tamanho da fonte
Highlights Print

Plenary of the Brazilian Federal Supreme Court declares the impossibility of compelling a defendant or suspect to attend an interrogation

By majority, the Full Court of the Brazilian Federal Supreme Court (STF) declared that the coercive conduct (a judicial measure for compelling someone to take part in investigations and legal procedings regardless of their wishes) of the defendant or suspect on an interrogation, provided for in article 260 of the Code of Criminal Procedure (CPP), is unconstitutional. The decision was taken in the judgment of the Actions Against a Violation of a Constitutional Fundamental Right (ADPFs) 395 and 444, filed by the Workers' Party (PT) and the Brazilian Bar Association (OAB), respectively. The use of the measure, according to the majority opinion, represents a restriction on the freedom of movement and violates the presumption of innocence and is therefore incompatible with the Federal Constitution.

Read more: Plenary Court of STF declares the impossibility of compelling a defendant or suspect to attend an interrogation

EC, SP / CR

Contact us
Praça dos Três Poderes - Brasília - DF - Brazil - Zip Code 70175-900 Phone: 55.61.3217.3000