Receiving a subpoena to testify in Brazil can be a stressful moment.
The first question that comes to mind is: “What should I do now?”
This is common for people with no prior encounters with the criminal system.
Without proper guidance, ill‑advised actions at this stage can compromise your entire defense strategy.
In this article, we explain clearly what to do if you’re summoned to testify, how criminal investigations work in Brazil, your rights, and why having a specialized criminal defense lawyer from the start can be decisive for your case outcome.
Subpoena to testify: what to do first?
A criminal investigation has a specific purpose: to determine if a crime occurred (materiality) and who committed it (authorship).
This process may be conducted by the Civil Police, Federal Police, or the Public Prosecutor’s Office, and it only begins based on a concrete fact — never just to “investigate” someone generically.
A subpoena to testify is never the first step. It typically follows a preliminary, confidential inquiry using public records, databases, and precautionary measures (like wiretaps or bank record requests).
In other words, when you receive the subpoena, the investigation has already advanced significantly — which is why you must act wisely, cautiously, and with legal support.
Understanding the criminal investigation process in Brazil
Criminal inquiries generally follow two distinct phases:
1. Confidential phase
Here, you don’t even know you’re under investigation.
Authorities work behind the scenes to verify the credibility of the report, including:
- checking public databases;
- cross‑referencing tax or commercial records;
- discreet surveillance;
- preliminary data checks.
If those findings are plausible, investigators may request bank, tax, phone, or digital records and evidence from platforms like Google or Apple.
2. Public phase
Once enough evidence is gathered, the case enters the public phase, involving:
- search and seizure;
- subpoenas to testify;
- and, in serious cases, preventive detention.
Thus, a subpoena to testify means you’re now in the visible stage.
At this point, you have the right — and duty — to know what’s being investigated.
Only a defense attorney can formally request access to the case file and advise on your testimony.
Guidance doesn’t mean coaching you to lie; it means helping you present facts without fueling unnecessary suspicion.
To speak or to remain silent? Strategic choices for the witness
A frequent concern is:
“Will staying silent make me look guilty?”
Absolutely not.
The right to remain silent is constitutional and cannot be held against you.
Moreover:
If the inquiry is stalled and you speak prematurely, you may revive it or open new lines of investigation.
Many cases are dropped simply due to lack of evidence; by speaking unprepared, you keep the inquiry alive.
Therefore, silence can be your best defense in many situations.
The role of your lawyer in a Brazilian criminal investigation
Hiring a lawyer is not a luxury — it’s essential.
Some fear that bringing a lawyer or remaining silent makes them seem suspicious.
But that’s misguided.
If you’ve been subpoenaed, suspicion already exists.
A lawyer ensures it doesn’t unfairly escalate to charges or conviction.
Your attorney will:
- secure full access to the investigation file;
- verify evidence legality;
- challenge procedural abuses;
- advise on the safest approach to your testimony.
Their presence signals to authorities that you know your rights and won’t tolerate distortions.
Conclusion: a subpoena is not a conviction — but demands swift action
A subpoena to testify does not guarantee conviction.
However, your response now can determine whether the inquiry is dropped or becomes a criminal case.
With specialized legal support, you can:
- clearly understand what’s being investigated;
- protect your rights from day one;
- avoid unnecessary self‑incrimination;
- and often secure case dismissal without further strain.
Respond strategically, not fearfully.
Rely on robust defense to navigate this phase with confidence, dignity, and effective results.
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