The Custody Hearing as a Fundamental Human Right in the Light of Constitutional and International Guarantees

• Main Authors: Ivonaldo Da Silva Mesquita, Natália Ila Veras Pereira
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Direitos Humanos e Efetividade
• Subjects: Direito constitucional, Direitos humanos, Direitos fundamentais, Dignidade da pessoa humana, Audiência de custódia
• Online Access: http://www.indexlaw.org/index.php/revistadhe/article/view/113

This research deals, through bibliographic and documentary research, and support in constitutional law, infraconstitutional law and international agreements, on the right to Custody Hearing. As the central point of the research, it is questioned the real meaning of Custody Hearing, its scope, characteristics and regulatory support, and also seeks to expose the many debates against and in favor of its implementation in the country. The objective is to demonstrate that the Custody Hearing is a mean capable of facing prison overcrowding, to safeguard the dignity of the human person, to prevent and identify torture, in short, provide greater protection to the detainee. The research is justified by the relevance and timeliness of matter in the national scenario, in light of the many debates and efforts of institutions important for the Custody Hearing is a reality in the country. So, we intend to contribute to a better understanding of this important right that must be recognized and supported as a fundamental human right, hitherto forgotten.