Legal rights regarding illegal arrest in flagrante

Under Brazilian law, an arrest in flagrante is considered illegal if it fails to meet the specific requirements established by Article 302 of the Code of Criminal Procedure or violates constitutional guarantees. A legal arrest requires that a person is caught committing an offense, has just committed one, is pursued immediately following a crime under circumstances indicating authorship, or is found shortly after with related objects or weapons.

Mere suspicion does not justify an arrest. When legal requirements are not met, the Judiciary is responsible for relaxing the arrest to protect individual liberty as mandated by the Federal Constitution.