Overview
- Minister André Mendonça requested a vista and halted the judgment, giving himself up to 90 days to return the case to the plenary.
- Edson Fachin, Flávio Dino and Cristiano Zanin voted to make it mandatory for officers to advise people of the right to remain silent at the moment of police approach.
- Fachin proposed that statements and derivative evidence obtained without a prior warning be deemed illicit and that the warning be documented preferably by video or a written record, with effects starting from the ruling.
- Dino argued against automatic nullity, endorsed exceptions recognized by the Code of Criminal Procedure and other independent-source doctrines, said audiovisual proof should not be the only acceptable evidence, and distinguished routine personal searches from interrogations.
- Zanin supported immediate effect, proposed a qualified right to clarification at later interrogations, and in the concrete case favored removing tainted evidence and remanding for a new sentence based on remaining proof.