CUSTODY HEARINGS IN BRAZIL: A SYSTEMATIC REVIEW OF THEIR LIMITS AND POSSIBILITIES AS A TOOL FOR CONTROL AND VIOLATION OF FUNDAMENTAL RIGHTS (2015–2025)

Abstract

This paper aims to analyze, through a systematic literature review, the limits and possibilities of custody hearings in Brazil as mechanisms of state control and, simultaneously, as potential instruments for the violation of fundamental rights. Nationally implemented in 2015 by Resolution No. 213 of the National Council of Justice (CNJ), custody hearings were designed as a response to mass incarceration, police torture, and the need to guarantee minimum procedural safeguards for detainees. However, the practical application of this institute has raised numerous controversies, as its effectiveness is contingent upon structural, institutional, and cultural aspects of the Brazilian criminal justice system. The methodology adopted was a systematic review of literature based on searches within Scielo, BDTD, Redalyc, CAPES, and Google Scholar databases, covering the period from 2015 to 2025. The results indicate a structural ambivalence: on the one hand, custody hearings mark a civilizing advance by providing immediate judicial oversight; on the other, they reproduce selective enforcement, uphold incarceration patterns, and fail to curb institutional violence. The study concludes that although custody hearings represent a significant normative milestone, their practical implementation still falls short of justice and human rights ideals. Their effectiveness depends on structural reforms and the commitment of legal professionals to a less punitive and more rights-oriented justice.