International Drug Trafficking in Brazil: All Your Need to Know

International drug trafficking is considered a serious offense in Brazil, and arrests related to this crime are unfortunately common, specially in airports.

Often, families of those arrested only become aware of the situation when their loved ones go missing, and the embassy informs them of the arrest.

Understanding the legal framework, penalties, and possible defense strategies is essential for those facing such charges.

Arrest and Custody Hearing

If someone is caught in the act of international drug trafficking, they are arrested and taken to a custody hearing within 24 hours. At this hearing, a judge decides whether they will remain in custody under preventive detention or be released. Preventive detention has no maximum time limit.

Although Brazilian law states that individuals should remain free during investigations and the criminal process, judges frequently order pretrial detention. A strong defense is essential to petition for the defendant’s release while awaiting trial.

Investigation and Trial Process

After an arrest, the police investigation begins. This phase includes:

• Forensic analysis of seized drugs, phones, and electronics

• Witness interviews

• Gathering of evidence

  
  

Although having an attorney during this stage is not mandatory, it is highly recommended to ensure the defendant’s rights are protected and a defense strategy is traced from the beginning.

Once the investigation concludes, the Federal Public Prosecutor may file formal charges. At this stage, the defendant must appoint a criminal attorney. If they do not, the state will assign a public defender.

Court Proceedings and Appeals

A person charged with international drug trafficking will first face trial in the lower court. If convicted, they can appeal to a higher court. If there are legal issues with the higher court’s decision, further appeals may be made to the Superior Court of Justice (STJ) or the Supreme Court (STF).

Since all appeals rely on what is done in the initial trial, it is vital to have a strong defense from the beginning.

Penalties for International Drug Trafficking in Brazil

The punishment for international drug trafficking in Brazil varies significantly. Sentences range from around 6 years to 25 years in prison.

However, if the defense can demonstrate that the defendant has no prior criminal record, does not make a living from crime, and is not part of a criminal organization, the sentence can be reduced to between 2.5 and 7.5 years.

The Brazilian Prison System

Another crucial factor in sentencing is the system in which the person will serve. Brazil has three types of prison systems:

• Closed System: The person will most likely be in a more secure prison, will spend most of their time in a cell and may have the opportunity to work, although work programs are not always available.

  
  

• Semi-Open System: The individual spends less time confined and is usually required to work, sometimes even outside the prison, if a request is made and accepted.

  
  

• Open System: The person works during the day and is required to remain at home at night and on weekends. This is not what the law establishes, but what happens in practice.

  
  

The sentencing judge determines the system, but in general rule if the person has no previous criminal record, they will most likely be sentenced to start to serve on a specific system depending on the length of the prison sentence:

• Up to 4 years – Open system

• Between 4 and 8 years – Semi-open system

• Over 8 years – Closed system

  
  

If sentenced to the closed system, the individual must progress through the semi-open system before reaching the open system. The time spent in each phase is determined by law and depends on the type of crime and prior convictions.

Since international drug trafficking penalties vary widely, securing an experienced defense attorney is crucial to achieving the best possible outcome even in regards to prison system.

Serving the Sentence in the Home Country

Once a final decision is made, the convicted individual must serve their sentence in Brazil. However, foreign nationals may request to serve their sentence in their home country. This transfer depends on bilateral agreements and approval from Brazil’s Ministry of Justice. The process is complex and can take a significant amount of time.

Conclusion

International drug trafficking is a serious offense with severe legal consequences in Brazil. From the moment of arrest through sentencing and appeals, a well-prepared defense is critical to ensuring the best possible outcome. If you or a loved one is facing such charges, seeking immediate legal assistance is essential.

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