THE EFFECTIVENESS OF THE CUSTODY HEARING AS AN INSTRUMENT FOR THE PROTECTION OF HUMAN RIGHTS AND HUMAN DIGNITY

Abstract

Brazil, despite being a signatory to several international Human Rights treaties, is marked by consecutive violations of rights in its prisons and even in police incidents, a situation declared an Unconstitutional State of Affairs by the Federal Supreme Court. To resolve this situation, in 2015 the National Council of Justice issued Resolution 213 creating custody hearings. Thus, the research problem is: How effective is the custody hearing in protecting Human Rights and human dignity in the context of criminal justice? This study aims to analyze the effectiveness of the custody hearing as an instrument for the protection of Human Rights and human dignity in the context of criminal justice, through methodology of a quantitative and qualitative nature, deductive method and bibliographical research. In the end, the result was that the custody hearing is an effective instrument for protecting Human Rights, as it prevents torture and, revealed in statistical numbers, reduces the number of people exposed to the risk of disrespect for their rights to enter the prison system in Brazil, partially confirming the hypothesis pursued.