THE IMPACT OF CUSTODY HEARINGS ON THE PENAL SYSTEM

Abstract

Created in 2015 by the CNJ (National Council of Justice) in partnership with the Ministry of Justice and the São Paulo Court of Justice (TJSP), the Custody Hearing essentially guarantees the prisoner's ability to appear before a judge promptly, and is associated with cases of arrest in flagrante delicto. The focus of this hearing is for the accused to be presented and interviewed by the judge, where statements from the Public Prosecutor's Office, the Public Defender's Office, or the prisoner's lawyer will also be heard. At this hearing, the judge will assess whether the arrest complies with criminal law, as well as the need for and appropriateness of continued imprisonment or the eventual granting of release, with or without the imposition of other precautionary measures. This study aimed to discuss the custody hearing, presenting its main legal and social elements, as well as analyzing its effectiveness. It was based on a literature review, drawing on scientific articles, books, periodicals, and current legislation on the topic. Data collection was conducted using databases such as CAPES, Scielo, Google Scholar, and others, from 2020 to 2025. The results clearly demonstrate that custody hearings contribute to reducing unnecessary arrests and mass incarceration. Furthermore, this mechanism plays a fundamental role in preventing abuse and mistreatment of prisoners, but faces resistance from public security and prison system sectors. Furthermore, the lack of adequate infrastructure and human resources compromises the effectiveness of custody hearings in several regions of Brazil. Uneven application of alternative precautionary measures can undermine the credibility of the mechanism and impact its effectiveness.