Custody hearings in Brazil: challenges for implementation

Authors

DOI:

https://doi.org/10.18316/redes.v9i1.7118

Keywords:

Custody Hearings, Mapping, Legislative Innovation, Police Violence, Temporary Prisoners

Abstract

The purpose of this article is the exploratory analysis of the literature on custody hearings in Brazil. Initially, it discusses the need to adapt the Brazilian legal system to international conventions that provide for the prompt presentation of the prisoner to the judicial authority. Then, the focus of the work is on research that evaluates custody hearings as a mechanism for coping with police violence at the time of arrest. Finally, it presents the main findings of research that discuss the impact of custody hearings on the contingent of pretrial detainees in Brazil. These challenges are inferred from Resolution n. 213/2015 of the CNJ, the recent provision in the code of criminal procedure and the grounds for the decision, on a precautionary basis, in the Failure to comply with Fundamental Precept (ADPF) n. 347 that determined the implementation of custody hearings in Brazil. The study methodology is bibliographic, with a focus on academic research and empirical data provided by official bodies on the evolution of the Brazilian prison population.

Author Biographies

André Pereira Crespo, Centro Universitário de Brasília - UniCeub

Mestre em Direito pelo Centro Universitário de Brasília - UniCeub

Bruno Amaral Machado, Centro Universitário de Brasília - UniCeub

Doutor em Direito (2005), professor do Programa de Mestrado e Doutorado em Direito do UniCeub

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Published

2021-03-29

Issue

Vol. 9 No. 1 (2021)

Section

Articles

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