CUSTODY HEARINGS AS A TOOL FOR DECARCERATION: A CRITICAL ANALYSIS OF THEIR CONTRIBUTION TO ADDRESSING PRISON OVERCROWDING IN BRAZIL

Abstract

This article analyzes the custody hearing as a tool for reducing imprisonment and its contribution to mitigating prison overcrowding in Brazil. The main objective is to assess the effectiveness of this mechanism in controlling pretrial detention and promoting the fundamental rights of detainees. The study employs a qualitative approach based on bibliographic and documentary research, as well as official data from the National Council of Justice (CNJ) and the Prison Information Report (RELIPEN, 2025). Findings indicate that although the custody hearing represents significant progress in humanizing criminal procedure and ensuring judicial control over arrests in flagrante delicto, its structural impact on the prison population remains limited. According to RELIPEN (2025), approximately 28.9% of prisoners in Brazil are still in pretrial detention, demonstrating that the mechanism alone cannot reverse overcrowding. It is concluded that the full effectiveness of custody hearings depends on integrated public policies, strengthening of the Public Defender’s Office, and expansion of alternative penal measures.