Custody hearing is the term used in Brazil to conceptualize the submission
procedure of the individual who was arrested in flagrant to judicial authority, in
the terms that provides the International Covenant on Civil and Political Rights
and the American Convention on Human Rights (San Jose of Costa Rica’s
Pact). In that hearing, the judge will decide whether there is reason to relax the
illegal arrest, convert the flagrant prison on preventive prison – when present
the requirements of Article 312 of the Criminal Procedure Code and the various
precautionary measures from prison reveals inadequate or insufficient – or
finally, grant provisional prison, with or without bail. The research focuses on
the implementation and results of the survey of the custody hearing in the State
of Tocantins, having converged to the project developed by the National Council
of Justice (CNJ) to install the procedure nationwide. The work consisted in
helping the Court of Justice to preparation and approval of the draft normative
act that regulates the custody hearing at the state level (Resolution n° 17/2015-
TJTO). Similarly, we performed a study of the quantity of individuals that were
released by the judicial authority at the time of analysis the flagrant file, before
the implementation of the custody hearing and the amount of individuals set
free after the implementation of the procedure, all during the year 2015.
Through research it was possible to assess the quantity of provisional freedoms
that were deferred in 2015 in the District of Palmas, considering the installation
of the custody hearing in August and was found the following results: 23,3% in
the month January, 24,2% in February, 12,2% in March, 13,3% in April, 15,6%
in May, 16,8% in June, 23, 7% in July, 62,8 % in August, 63,6 % in September,
51,9% in October, 40,7% in November and 42,5% in the month of December.
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