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Provision of the Brazilian Bar Association (“OAB”) regulates defensive investigation
The Federal Council of the Brazilian Bar Association – OAB approved the edition of the Provision nº 188/2018 to regulate defensive investigation.
It is an important tool that allows the execution of legal proceedings directly by lawyers for the defense of their clients, both in the investigative phase and in the course of the Criminal Action.
The Provision gives lawyers more security in the production of evidence and to balance the criminal proceedings enforcements, inasmuch as, especially at the investigation stage, the prosecutor has more means to that end.
Since now “the lawyer during the defensive investigation can directly promotes all investigative investigations necessary to clarify the fact, in particular the collection of testimonies, research and obtaining data and information available in public or private agencies, to determine the preparation of expert reports and examinations, and make reconstitutions, except in cases of reservation of jurisdiction”, with the possibility of “availing themselves of collaborators, such as private detectives, experts, technicians and auxiliary field workers”.
The most important information is “the lawyer and the other professionals who advise in the investigation do not have the duty to inform the authority the facts investigated”, which guarantees the confidentiality.
The Mattos Engelberg Advogados Corporate Criminal Team is available to provide any further information.
