CUSTODY HEARING AS AN INSTRUMENT FOR PROMOTING HUMAN RIGHTS

Abstract

This research deals with the right to a Custodial Hearing, through bibliographical and documentary research, and based on constitutional and infra-constitutional legislation and international pacts. As a central point of the research, we question the real meaning of the Custody Hearing, its scope, characteristics and normative support, and also seek to expose the debates surrounding its implementation in Brazil. The aim is to demonstrate that the institute is a means capable of combating prison overcrowding, protecting the dignity of the human person, preventing and identifying torture practices, and providing greater support to the detained person, as it seeks to bring a more humanization of the judge in relation to the custodian. The research is justified due to the relevance and topicality of the matter on the national scene, which aims to present whether the Custody Hearing fulfills its role after its implementation.