Defensive Investigation

Investigacao Defensiva

Defensive investigation is a powerful and strategic tool in the realm of criminal law, dedicated to balancing forces in the judicial process by allowing the defense to conduct its own collection of evidence and information. This meticulous and rigorously ethical process aims to strengthen the defense’s position, identify inconsistencies or flaws in the accusatory procedure, and reveal the truth, ensuring the fundamental rights of the accused and promoting equitable justice.

Understanding Defensive Investigation

At its core, defensive investigation is conducted by qualified professionals under the guidance of a lawyer, strictly following the principles of legality and ethics. This process is not limited to the mere collection of evidence favorable to the accused; it encompasses a critical analysis of the case, the thorough examination of the evidence presented by the prosecution and its legal validity, the search for witnesses who can clarify the facts from a new perspective, the reconstruction of scenes, and the obtaining of documents and records that can corroborate the defense’s thesis.

Principles of Defensive Investigation

  • Legality: All actions are carried out in strict observance of current laws, ensuring that no right is violated during the process.
  • Ethics: The integrity of the process is maintained at all stages, respecting the ethical limits of the profession.
  • Chain of Custody: It is crucial that the collected evidence follows the appropriate chain of custody, ensuring its admissibility and validity in the legal universe.
  • Objectivity: The investigation seeks the real truth, regardless of whether it is favorable or not to the client, ensuring a defense based on concrete and verifiable facts.

Why is it Fundamental?

Defensive investigation plays a crucial role in the justice system, as it provides the accused with the opportunity to present a robust and evidence-based defense. It allows for the identification and correction of informational imbalances and ensures that the right to a full defense is fully exercised, contributing to fairer and more well-founded judicial decisions.

By legal provision, the Judicial Police and the Public Ministry do not have an interest in seeking evidence that exonerates an accused of a crime; this is the role of the defense. These bodies are interested in seeking evidence of crime elucidation and have exclusive competence for such activity. The exclusivity of this competence violates the parity of evidence search through an investigation, so defensive investigation came to the rescue of the accused in general to try to rebalance the procedural scale, allowing the impartial state body, the judge, to have the possibility to access more elements of proof or evidence and thereby decide more assertively.

Our Differential

Our law firm stands out in conducting defensive investigations thanks to our team of qualified experts and the strategic use of advanced technologies. The previous activity of its founder demonstrates an understanding of the complexity and nuances of criminal law and investigative activities. Formerly for the benefit of an investigative body, the Federal Police, now for the benefit of the clients’ interests. The approach is personalized, focusing on the meticulous analysis of each case to identify the best defense strategy.

Commitment to Excellence

Our commitment goes beyond mere evidence collection. We are dedicated to ensuring that every aspect of the process is conducted with the utmost attention to detail, from preliminary investigation to the presentation of evidence in court. We can offer continuous and transparent guidance to our clients, ensuring they are informed and confident at every step of the process.

Whether you are an individual or a law firm needing assistance in obtaining other evidence in the defense of your client, click the “Connect With Us” link to discover in detail how we can assist in building a solid defense, ensuring your rights are protected and justice prevails. We are here to support you in the search for truth and the fight for a fair outcome.