EFFECTIVENESS OF CUSTODY HEARING: AN ANALYSIS OF THE BRAZILIAN CASE

Abstract

In Brazilian law, the hearing can be an instrument of protection and promotion of human rights, makes it possible to eliminate the idea of impunity, with which it is seen mainly by lay people, and demonstrating that this institute is not synonymous with freedom or injustice, but a way of ensuring the fundamental laws guaranteed in the Federal Constitution of Brazil of 1988. It seeks to establish here a relationship between the researched theme and Human Rights, seeking to promote analyses on facts that occurred before the legalization of the Custody Hearing in Brazil and the changes that came with the establishment of this institute. It is a study based on forensic literature, international norms and treaties such as the American Convention on Human Rights and Specific Laws dealing with the theme. In this sense, the research also develops by analyzing the different positions and identifies which are the constitutional principles that were commonly violated in view of the non-existence of the Custody Hearing. This research also develops the possibility of the Applicability of Article 37 §6 of the Federal Constitution of Brazil of 1988, as well as developed an investigation of the concept of general repercussion and its consequences, in view of the Supreme Court having presented such an understanding for the question. It is a bibliographic reference based on doctrines, treaties, articles, arranged in physical and digital libraries.