OLIVEIRA, V. S.; http://lattes.cnpq.br/8800377479618776; OLIVEIRA, Vanessa Severino de.
Resumo:
The present study aims to analyze the custody hearing, instituted in the light of art.
9.3 of the International Covenant on Civil and Political Rights (ICCPR) and art. 7.5 of
the American Convention on Human Rights (ACHR), which Brazil ratified in 1992. It
is a procedure in which the person arrested that was just caught up in the act, must
be presented to the judicial authority within 24 hours. At this moment, in the presence
of the Public Prosecutor and the defense, the prison will be evaluated under the
aspect of legality, if there was torture or mistreatment. This paper intends to analyze
several aspects, such as initial arrests, concept and characteristics, elucidate the
problem of those kind of prisons and the increasing number of the Brazilian prison
population. Subsequently, a critical study will be presented regarding the custody
hearing: deadline for presentation of the inmate, competent authority for the
performance, and use of the video conference system. For the conclusion of this
work, we used researches conducted by official government agencies regarding
prisons in Brazil, as well as bibliographic research regarding custody hearing and
prison theory. The research was necessary because of the relevance and timeliness
of the story on the national scene, given the many controversies and efforts to make
custody hearings a reality within the Brazilian Courts. Finally, it will demonstrate the
importance of guaranteeing human rights within the prison, and how the custody
hearing will be welcomed in Brazil.