Custody Hearings: Function, Rights, and Practice in Brazil

Abstract

This study aims to examine the contours and function of custody hearings, justified as a mechanism to safeguard the individual’s right to liberty by ensuring immediate judicial review and the opportunity for defense regarding the circumstances that led to pretrial detention. The concept of custody hearings is defined, along with their legal basis and purposes. The issue of detention is also addressed from the perspective of critical criminology, outlining theories concerning the criminal phenomenon and normative proposals aimed at affirming human rights. The study further analyzes empirical research conducted to present the practical dimensions of the issue, based on observations drawn from twenty custody hearings held in the Federal District. Finally, conclusions derived from both theoretical research and practical observation are compared, confirming the preventive function of this new criminal policy measure within its recent implementation in the national legal system.