CUSTODY HEARING

Abstract

In this article, a study is carried out on the subject of the Custody Hearing, a criminal law institute introduced into the Brazilian criminal process by the National Council of Justice, which determines the presentation of the arrested individual, generally in the act, within twenty-four hours following the arrest. , the judicial authority, to verify the legality of the arrest, the possibility of relaxation or replacement by a precautionary measure, or even the occurrence of irregularities and illegalities in the practice of the act, such as ill-treatment. In close compliance with the provisions contained in international treaties and conventions to which Brazil is a signatory, the provision for holding a Custody Hearing was also introduced in the Code of Criminal Procedure, and had its constitutionality confirmed by the Federal Supreme Court, which reinforces its importance for the prison system and guaranteeing the rights of prisoners in the country. To achieve the objective of understanding the topic, through bibliographical research and descriptive and qualitative analysis of the whole researched, the conceptualization, objectives, legal provision, constitutionality will be covered in two chapters. and custody hearing procedure; ultimately verifying the positive results that the introduction of the institute has brought to the contribution and improvement of the Brazilian penal system, in attention to the rights of the prisoner and society as a whole.