It is analyzed the possibility of concentrating procedural acts, especially of instruction,
when the custody hearing is realized, in order to verify the impact of Law 13,964 / 2019.
Therefore, it is realized a bibliographical and documentary research, which uses the
deductive method to make considerations about how the doctrine, law and
jurisprudence behave deal with the problem. At the first moment, it was necessary to
present the institute's presentation concept, purposes and historic. Then, it was verified
how the criminal prosecution is willing in the national legal system and the importance
of the procedural form. In the end, situations were identified in which procedural acts
are being concentrated in custody hearings headquarter and which are their
implications. It appears that the custody hearing is essential for the humanization of
the criminal process, it allows the judiciary to have a real view of the functioning of the
criminal justice system and reduces the unnecessary entry of individuals into the prison
system. Criminal jury instructions and custody hearings have predetermined forms,
guaranteeing equality of arms between procedural actors, which are assured by the
constitutional text and that the concentration of procedural acts in custody hearings is
incompatible with the criminal justice system adopted by Brazil and with the inherent
purposes to the custody hearing institute. It is observed that Law 13,964 / 2019 is silent
about the subject, however, it requires an interpretation that must follow the
constitutional commandments, so this practice must be restrained, in order not to
cause harm to the defendant / accused, and so the purposes intended for the execution
of the custody hearing.
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