Custody hearing: the persistence of old punitive practices under a new institution

A PERSISTÊNCIA DE VELHAS PRÁTICAS PUNITIVAS SOB UM “NOVO INSTITUTO”

Abstract

Abstract: This article critically analyzes custody hearings in Brazil, examining how, despite their purpose of guaranteeing the fundamental rights of detained individuals, they often reproduce old practices under a new institutional framework. This reveals the persistence of selective and punitive structures that express social inequalities based on race, gender, and class, as well as several shortcomings in their implementation. The study aims to contextualize the creation of the institute, grounded in international human rights standards, and to discuss the limitations faced in its practical application. The research adopts a qualitative, exploratory, and critical approach, based on bibliographic and documentary analysis of legal texts, institutional reports, and academic works on the subject. The results indicate that police selectivity significantly influences the profile of detainees, as well as the decisions issued by the Judiciary, leading certain groups to face greater judicial rigor. Furthermore, the findings show that the institute still suffers from the impacts of institutional resistance, the prioritization of efficiency over individual guarantees, and the persistence of authoritarian practices. Thus, despite normative advances, custody hearings represent a limited effort to contain state arbitrariness, highlighting the need for improvements to ensure that they effectively fulfill their rights-protecting function.