Melhores Advogados de Assalto e agressão em Brasil

1. About Assalto e agressão Law in Brasil

In Brazil, crimes related to assalto and agressão are addressed within the Criminal Code and related statutes. "Assalto" is commonly understood as robbery with violence or grave threats, defined to protect private property while prioritizing the safety of victims. The most relevant provisions appear in the Brazilian Penal Code as they describe robbery and its aggravations.

“Agressão” refers to physical violence or injury against another person, which can trigger separate criminal charges such as lesões corporais or, in cases of domestic violence, protective provisions under Lei Maria da Penha. These offences are criminally prosecuted, and the state can press charges based on evidence gathered by police and the public prosecutor.

Penalties depend on factors like the use of force, presence of weapons, target vulnerability, and whether the act occurred in a domestic setting or public space. Beyond criminal liability, victims may pursue civil claims for damages. Local procedures typically involve police reports, investigations, and court hearings handled by criminal courts.

“Lei Maria da Penha establishes protective measures for victims of domestic violence and outlines procedures for urgent protective orders.”

For an overview of how these offences are structured in Brazilian law, consult the official texts and current statutes on the government portal. Recent reforms have focused on improving procedural efficiency and victim protections in violent offences.

2. Why You May Need a Lawyer

cases involving assalto and agressão often require prompt legal analysis and tailored defense strategies. A qualified lawyer can navigate police procedures, court filings, and sentencing considerations specific to Brazil.

• You are accused of roubo with violence or grave threats. A lawyer is essential to challenge evidence, assess the legality of the arrest, and argue for reduced charges or alternative penalties.
• You are a victim seeking protective measures or civil damages. An attorney helps file complaints, pursue protective orders under Lei Maria da Penha, and seek compensation for losses.
• You were placed in custody after a flagrant arrest. A lawyer can request urgent custody reviews, explore habeas corpus options, and protect rights during interrogations.
• Domestic violence concerns arise within the family or cohabitation setting. A lawyer with experience in Lei Maria da Penha can secure urgent protective orders and coordinate with social services.
• Suspect is a non-native speaker or minor. A lawyer ensures translation, age-appropriate defense, and compliance with Brazilian police and court protocols.
• You need to understand potential collateral consequences. A defender explains immigration, employment, and travel implications stemming from criminal charges.

3. Local Laws Overview

The following laws are central to assalto e agressão in Brasil. They govern definitions, procedures, and protections that may apply in a wide range of cases.

• Codigo Penal (Decreto-Lei 2.848/1940) - Artigos 157 e 129. Art 157 defines roubo (robbery) with grave threat or violence, including aggravations. Art 129 covers lesões corporais (bodily injury) and related penalties. These articles form the backbone for charging decisions and defense strategies in assalto and agressão cases.
• Lei Maria da Penha (Lei 11.340/2006). This law provides specific protections for victims of domestic violence, including medidas protetivas de urgência and coordinated protective services. It is frequently invoked in cases where agressão occurs within a domestic setting or intimate relationship.
• Pacote Anticrime (Lei 13.964/2019). Implemented to modernize criminal procedure and enforcement, including aspects of flagrante, custodia, and investigative steps. It shapes how prosecutors and judges handle roubo and violent crime cases and aims to improve efficiency and rights protections during pre-trial and trial phases.

Recent trends include enhanced attention to rapid protective measures for victims and clearer rules for the admissibility of evidence gathered during police work. These reforms affect how cases move from investigation to court and how defendants may be held or released pending trial.

Key sources for the texts above include official government pages containing the full law texts and amendments. For convenient reference, see the links in the Resources section.

4. Frequently Asked Questions

What is roubo with violence under Brazilian law?

Roubo with violence means taking someone’s property while using force or grave threats. The offense is defined in the Penal Code and carries penalties that depend on the severity and circumstances of the act.

How do I know if I should hire a lawyer for assalto allegations?

Hire a lawyer if you are accused, involved as a victim, or facing police interrogations. A lawyer helps protect your rights, assess evidence, and plan a defense strategy.

When can a suspect be released from custody after a flagrant arrest?

Release decisions depend on risk assessments, flight risk, and the nature of the offence. A lawyer can request a custody review and argue for release with conditions where appropriate.

Where can I find authoritative definitions for assalto and agressão?

Definitions appear in the Brazilian Penal Code and Lei Maria da Penha. Official texts are accessible on planalto.gov.br and related government sites.

Why might the cost of legal counsel vary in assalto cases?

Costs vary with case complexity, duration, and whether defense relies on private or public counsel. Initial consultations often have fixed or hourly rates with retainer agreements.

Do I need a lawyer if I am a victim seeking protection order?

Yes. An attorney can file protective orders, coordinate with police, and guide you through the civil damages process alongside criminal charges.

Is Lei Maria da Penha applicable to non domestic settings?

Lei Maria da Penha applies primarily to domestic and family violence, but protective measures can also be sought in related situations depending on relationships and evidence.

Can a client face both roubo and lesões simultaneously?

Yes. A case can involve robbery and bodily injuries if the suspect used force to commit theft and caused injuries during or after the act.

Should I request a public defender or hire private counsel?

If you lack funds, a public defender may be available. If you can afford it, a private lawyer with criminal defense experience often provides more personalized attention.

How long does a typical assalto case take from arrest to verdict?

Timeline varies greatly by jurisdiction and case complexity. Simple cases may resolve in months, while complex trials can take years depending on evidence and court schedules.

What is the process to file a police report for assault in Brazil?

Visit the police station or district police, provide a detailed report of events, and submit any supporting evidence. The police will initiate an inquiry and forward it to the public prosecutor.

Is a prior criminal record considered in a roubo case?

Yes. Prior records can influence sentencing and aggravating factors. A defense attorney can challenge or contextualize prior conduct during trial.

5. Additional Resources

The following official resources provide essential texts and guidance related to assalto e agressão in Brasil:

• Código Penal - Decreto-Lei No 2.848, de 7 de dezembro de 1940. Full text and amendments available on Planalto's site. Code Penal - Planalto
• Lei Maria da Penha - Lei No 11.340, de 7 de agosto de 2006. Protective provisions and procedures for domestic violence. Lei Maria da Penha - Planalto
• Conselho Nacional de Justiça (CNJ) - Official guidance on judicial processes and protections for victims. CNJ

6. Next Steps

1. Assess the situation and gather documents Gather police reports, arrest papers, medical records, photos, and any communications. This helps your attorney build a strong defense or civil claim.
2. Identify a criminal defense attorney Look for a lawyer with experience in roubo, lesões, and Lei Maria da Penha matters. Check OAB registration and recent case outcomes if possible.
3. Schedule a consultation Book a meeting to explain the facts, review evidence, and discuss potential strategies and costs. Bring all documents and your questions.
4. Discuss fees and engagement Clarify retainer amounts, hourly rates, and expected total costs. Ask for a written engagement letter outlining services and timelines.
5. Plan a defense strategy Work with your attorney to assess admissible evidence, possible plea options, and witnesses. Set realistic expectations for outcomes.
6. Prepare for court appearances Follow your attorney guidance for hearings, evidence presentation, and deadlines. Ensure you attend all scheduled sessions.
7. Stay informed about progress Request regular updates on investigations, rulings, and next steps. Ask for explanations in clear, practical terms.