THE IMPORTANCE OF CUSTODY HEARINGS IN THE LEGAL SYSTEM AND THEIR CONSEQUENCES FOR HUMAN RIGHTS VIOLATIONS

Abstract

The custody hearing, regulated by the CNJ through Resolution No. 213/2015, aims to protect the rights of prisoners by guaranteeing them their fundamental rights under international treaties, such as the Pact of San Jose, Costa Rica, the International Covenant on Civil and Political Rights and the Federal Constitution. The purpose of this measure is to bring the prisoner to court within 24 hours of his arrest, where the judge must hold a hearing for the accused to assess the legality of the arrest. Therefore, it is a tool that aims to ensure the dignity of the prisoner, guaranteeing that his integrity remains intact even in prison, thus limiting the abuse of authority. Thus, this article examines the consequences and effects that the implementation of this measure has had on the prison system, as well as the historical context in which the custody hearing emerged in the Brazilian legal system. The research is based on bibliographic research methodology, through consultation of scientific articles, legislation, international treaties and agreements to which Brazil is a signatory, as well as jurisprudence and doctrinal understandings.