Overview
- Ministers Edson Fachin, Flávio Dino and Cristiano Zanin voted to require officers to inform suspects of the right to remain silent at the moment of approach, with statements and derivative evidence excluded if no warning is given.
- Relator Fachin proposed binding theses mandating immediate warning, excluding declarations and their fruits obtained without it, and placing on the State the burden to prove the warning, preferably through audiovisual recording.
- Dino and Zanin backed the core rule but urged limits such as avoiding automatic nullity, recognizing independent-source and inevitable-discovery exceptions, allowing proof without bodycams, and contemplating urgent or exceptional circumstances.
- The case proceeds under general repercussion, so the eventual ruling will bind lower courts nationwide once the judgment is completed.
- The dispute stems from RE 1.177.984 involving a couple from Brodowski (SP), where an alleged informal confession without prior warning was used in a conviction now under review.