Audiência de custódia e segurança pública: desafios de implementação, efetividade e perspectivas de aprimoramento

Abstract

The custody hearing is an important mechanism for judicial review of detention and the protection of fundamental rights. This study analyzes its legal foundations, its relationship with decarceration policy, and the challenges of its implementation in the context of public security, seeking to understand how the protection of the rights of persons in custody can be reconciled with the effectiveness of State responses. The research adopts a qualitative approach based on bibliographic and documentary research, including legal scholarship, legislation, institutional documents, and judicial decisions. The findings indicate that the effectiveness of custody hearings depends not only on their legal framework and formal implementation, but also on the institutional conditions related to the application and monitoring of precautionary decisions. The study concludes that improving custody hearings requires preserving their protective purposes while evaluating their implementation and strengthening the conditions necessary for effective responses within the criminal justice system.