Art. 206. The witness cannot exempt himself from the obligation to testify. However, the ascendant or descendant, the affine in a straight line, the spouse, even if divorced, the brother and the father, mother, or adopted child of the accused may refuse to do so, except when it is not possible , on the other hand, to obtain or integrate proof of the fact and its circumstances.
Witnesses who are not obliged to testify
Witness not located, hearing, diligence and nullity: See this same subheading under the heading Witnesses , in annotations to article 400.
Not binding: The persons referred to in this provision are not binding, as established in Article 208 . The relationship of the persons referred to in the device is with the accused, not with the offended.
Stable union: The right provided for in article 206 extends to the partner, in the case of a stable union ( Law n. 9.278/96 ).
Impossibility of obtaining evidence by any other means: The decision must be substantiated. Otherwise, the witness may refuse to testify. In any case, there is no provision of commitment.
False witness: The persons listed in Article 206 are not liable for the crime of false witness. They give testimony as mere informants.
Legally separated and divorced: The provision applies to them.