THE CUSTODY HEARING AS A FUNDAMENTAL RIGHT OF THE ARRESTED PERSON: AN ANALYSIS OF THE DECISIONS OF THE SUPERIOR COURTS

Abstract

This study sought to address the holding of custody hearings in all types of prisons within 24 hours. Thus, the general objective of the research is to examine divergences of understandings of the Federal Supreme Court and the Superior Court of Justice on the holding of custody hearings in cases of precautionary detention already decreed or definitive arrests for the execution of the sentence, observing which of them best fits the rights of the imprisoned person. The method of theoretical approach will be the deductive one, through legal research. It is concluded that the custody hearing is indispensable, both in precautionary and definitive prisons for the execution of the sentence, since the decision of the Federal Supreme Court is the most correct. Keywords: Custody Hearing; Divergence of Understandings; Indispensability.