Rights during investigation - legal assistance

Brazil

Brazil - Constitution 1988 (2019) EN

TITLE II Fundamental Rights and Guarantees
CHAPTER I Individual and Collective Rights and Duties
Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms: (CA 45, 2004)
LV – litigants, in judicial or administrative processes, as well as defendants in general are ensured of the adversary system and of full defence, with the means and resources inherent to it;

TITLE II Fundamental Rights and Guarantees
CHAPTER I Individual and Collective Rights and Duties
Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms: (CA 45, 2004)
LXIII – the arrested person shall be informed of his rights, among which the right to remain silent, and he shall be ensured of assistance by his family and a lawyer;

TITLE II Fundamental Rights and Guarantees
CHAPTER I Individual and Collective Rights and Duties
Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms: (CA 45, 2004)
lXXiv – the state shall provide full and free-of¬charge legal assistance to all who prove insufficiency of funds ;

Rome Statute

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and