''Condução coercitiva'' is a Brazilian judicial mandate or summons, which provides for a compulsory method of bringing subjects of a judicial process, victims, witnesses, accused parties, or expert subjects into the presence of law enforcement or judicial authorities against their wishes. This is a measure provided for in the
Penal Code of Brazil
The current Penal Code of Brazil ( pt, Código Penal brasileiro) was promulgated in 1940, during the Estado Novo regime in the Vargas Era, and is in effect since January 1, 1942. It is the third codification of criminal law in the country's hi ...
(CPP) as a means of compelling the appearance of a person to attend an action to which he was summoned, but who failed to do so without justification.
According to some jurists, this is a form of short-term "precautionary detention" () whose purpose is to ensure the convenience of the production of proof.
If equated with precautionary detention, is contrary to the
Brazilian Constitution of 1988 Article 5, paragraph LXI, even though the procedure is in the
Penal Code of Brazil
The current Penal Code of Brazil ( pt, Código Penal brasileiro) was promulgated in 1940, during the Estado Novo regime in the Vargas Era, and is in effect since January 1, 1942. It is the third codification of criminal law in the country's hi ...
, instituted in 1941.
The CPP authorizes the enforcement of the of victims, witnesses, defendants, and experts who refuse to appear in court, and who may even be handcuffed and brought by police vehicle. Article 218 of the CPP refers to the requirement of prior summons ( pt,
intimação). Thus, some argue that even with the justification of providing clarification to the police investigation and even in the interests of justice, the warrant without a summons violates the right to liberty of witnesses and defendants. According to this line of thinking, the only ones who can be compelled to appear by a are those witnesses who were appropriately summoned beforehand and who fail to attend the act to which they were summoned, without valid cause, may be compelled to appear via a warrant.
There is some controversy concerning the exact legal foundation and even constitutionality of the warrant. From a legal perspective, it is not the same as an arrest warrant.
See also
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Federal Police of Brazil
The Federal Police of Brazil (Portuguese: ''Polícia Federal'') is a federal law enforcement agency of Brazil and one of the three national police forces. The other two are the Federal Highway Police, and the National Force. From 1944 to 1967 ...
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Material Witness
In American criminal law, a material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of ...
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Operation Car Wash
Operation Car Wash ( pt, Operação Lava Jato) was a criminal investigation by the Federal Police of Brazil's Curitiba branch. It began in March 2014 and was initially headed by investigative judge in France, but unlike judges in the common law ...
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Public Prosecutor's Office (Brazil)
The Public Prosecutor's Office ( pt, Ministério Público, lit. "Public Ministry", also usually referred as "MP") is the Brazilian body of independent public prosecutors at both the federal (') and state level (''Ministério Público Estadual' ...
References
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;Citations
External links
Constituição Da República Federativa Do Brasil De 1988
Constitution of the Federative Republic of Brazil pdf; 432 pages
Official Senate legislation search engine for Brazilian law
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Law enforcement in Brazil