But given the conditions behind bars, lawyer Tony Ellis said he expected his client would voluntarily return to New Zealand, rather than go through an extradition or deportation process.
"The conditions will be pretty awful in jail," he told the Herald on Sunday.
"You need money to survive, to bribe the guards, and so on.
"I don't know what he's got, because presumably they would have confiscated it."
Ellis expected Smith's fellow prisoners to be aware of his background because of the publicity surrounding his case, and said he was concerned for his safety.
The kitchen in Smith's Rio apartment.
"I don't think it would matter too much for murderers, but if you're known as a paedophile ... a lot of the paedophiles in our prisons are in segregation for their own safety," he said.
"So being in a cell with 10-20 other people [like in Brazil] - you could be in serious danger."
Ellis believed Smith could be back in New Zealand next week.
Smith's short-lived freedom in South America included plans to rent a unit to hide out while an international manhunt was underway.
Erik Jonsson, 51, from Rio Apartments, confirmed he had offered Smith a discount on a two-bedroom flat for NZ$2000 a month.
"He seemed a very nice guy, very friendly, really innocent, in fact," Jonsson said.
The hall in Smith's Rio apartment.
Smith told Jonsson his name was Phil Daniels, and that he came from Australia. He also said he had lost his passport in the taxi from the airport, and claimed that he would head to the Australian consulate to sort out some temporary papers.
Smith was also keen to find out about the nightlife in the area.
"He told me that 'he swings both ways' and that he was really interested in finding out about the gay bars in the area," Jonsson said.
"There's a gay bar called 'Le Boy' not far from here so I pointed it out to him."
Police are waiting for a decision from the Brazilian courts on the process to return Smith to New Zealand.
