STF determines custody hearing in all types of prison

The Federal Supreme Court (STF) defined, this Friday (3), that custody hearings must be held, within 24 hours, in all forms of arrest and not just those that occur in flagrante delicto. With the decision of the Court, the people who have the temporary, preventive and definitive arrests decreed must also go through the custody hearing.

During the custody hearing, the prisoner is brought before a judicial authority. The purpose is to assess whether the arrest was legal. The crime itself is not analyzed, only the detention.

The complaint for the expansion of situations in which hearings take place was taken from the STF by the Public Defender of Rio de Janeiro, but the determination is now valid in all units of the federation.

In his vote, Fachin stated that he upholds the claim “to determine all the Courts in the country, as well as all the judgments linked to them, to carry out, within 24 hours, a custody hearing in all prison modalities, including prisons preventive, temporary, preventive for the purpose of extradition, resulting from non-compliance with various precautionary measures, violation of electronic monitoring and definitive for the purpose of executing the sentence, ratifying the precautionary measure and the requests for extension granted in a monocratic seat”.

The rapporteur for the measure is Minister Edson Fachin. His vote has already been accompanied by André Mendonça, Cármen Lúcia, Dias Toffoli, Ricardo Lewandowski, Luís Roberto Barroso, Luiz Fux, Alexandre de Moraes and Gilmar Mendes. The trial takes place in the virtual plenary of the Court and ends at 11:59 pm this Friday. The votes of Kassio Nunes Marques and Rosa Weber are still missing.