The Federal Supreme Court (STF) formed, this Friday (3), a majority of votes to confirm that custody hearings must be held in all types of prison. The judgment is held in the virtual plenary of the Court.
With the decision, the Supreme Court defined that, in addition to arrests in flagrante delicto, hearings must also be held in cases of preventive, temporary, preventive arrests for extradition, for violations of precautionary and definitive measures for serving a sentence.
The custody hearing mechanism determines that the prisoner must be presented within 24 hours to the competent judge for reassessment of the measure. During the hearing, the judge decides to maintain the prison, provisional release or the application of alternative measures to imprisonment, such as the use of electronic anklets.
The Supreme Court’s understanding was established by endorsing an individual decision by Minister Edson Fachin, who extended, in 2020, the holding of hearings for all types of prison. Fachin responded to the request for an injunction from the Federal Public Defender’s Office (DPU).
