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Is Privilege Against Self-Incrimination Applicable to Brazilian Internal Investigations?

BY | February 16, 2023

Brazilian practitioners face a dilemma regarding conflicting labor and criminal provisions arguably applicable to employees under internal investigations regarding, on one hand, employee cooperation obligations and, on the other hand,…

Brazilian practitioners face a dilemma regarding conflicting labor and criminal provisions arguably applicable to employees under internal investigations regarding, on one hand, employee cooperation obligations and, on the other hand, privilege against self-incrimination. Applicability is indeed arguable since there are no specific statutory provisions or robust case law regarding internal investigations in Brazil. This paper sheds light on the Brazilian experience regarding internal investigati

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