Abstract

RAMIDOFF, Mário Luiz  and  RAMIDOFF, Henrique Munhoz Bürgel. CUSTODY AUDIENCE:CHALLENGES AND EXPECTATIONS. Revista Internacional CONSINTER de Direito [online]. 2019, n.8, pp.213-238.  Epub June 28, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00008.13.

This course conclusion paper was developed with studies and research directed to understanding the structural and functional organization of the custody hearing. The custody hearing is a fundamental guarantee, because it is legally based in the final part of § 2 of article 5, of the Brazilian Constitution, which recognized as a source of law, in and to the Brazilian legal system, international treaties and conventions which Brazil is a part of. Therefore, it is understood that among the international treaties and conventions to which Brazil is signatory, the Pact of San José of Costa Rica stands out as the basis of the right of custody hearing. The resolution n. 213/2015 of the National Council of Justice (CNJ) mentioned the Pact of San José of Costa Rica not only as a political and ideological relevant to the enforcement of human rights of the people who are deprived of freedom, but also as a legal foundation (source of law) mandatory observance in Brazil. The custody hearing is a humanitarian strategy to be adopted by the current criminal process, to reduce the number of people deprived of liberty, even if provisionally, because of overcrowding. The custody hearing, contributes to the control of deviations that commonly occur in the deprivation of liberty - especially in cases of arrest in flagrante delicto.

Keywords : Custody hearing; human rights; Deprivation of liberty; Criminal proceedings; International treaties;.

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