The Defender’s acting with custody hearings aiming the access to the justice and human rights to the provisional arrested

Abstract

The objective of this article based on biographical research of qualitative nature and descriptive and exploratory purposes, is to analyze the performance of the Public Defense before the custody hearings established in Brazil on early 2015 as measure to realize the constitutional right of access to justice (this, as one of the expressions of the rights of the human person) to the interim. Yet, it delineates, the means used to making this possible, with the main focus on the joint effort carried out by the judiciary from Ceará between February and March 2016, and the process of implementation of the custody hearing in the State as well. Initially unveiled If the prison rates in the Brazilian prison system, paying attention to the excessive pre-trial detainees in the country. Then addressed the concept of access to justice, to the time when it was shown the serious congestion of criminal cases throughout the judiciary and the feeling that in the face of such facts, the prisoner, especially temporary, can not perform such fundamental right. After, we have listed the concept of custody hearing, exposing its regulation and implementation in Brazil. Finally, we analyzed the role of the Public Defense within the institute and how the custody hearing of joint effort carried out on February 2016. In conclusion, the custody hearing is a valid instrument for access of justice to the interim prisoner, despite the fact that numerous improvements are needed to perform such audiences.