Questão jurídica principal
Whether statements taken without an immediate warning of the right to remain silent were unusable
Decisão extraída
The first police interview was unusable, but the later investigating-judge interviews were admissible because the defendant had been informed of his rights in the first judicial interrogation and was repeatedly heard with counsel present.
Fundamentação extraída
Art. 31(2) BV requires prompt information on the right to remain silent. If the person later clearly knows that right, earlier omissions do not necessarily bar use of the interviews. Knowledge was established here by the first judicial warning and counsel's presence.