Custody Hearing

This book aims to discuss the custody hearing as a possible mechanism for reducing or even solving the problem of mass incarceration, arising from the trivialization of provisional arrests. First, it will show the current contextualization of pre-trial detentions in the criminal procedure system and their respective modalities. Subsequently, it will be discussed the alternative precautionary measures to provisional arrest, provided for in Law 12.403/2011. In a second moment, it will verify the implementation of the custody hearing and its possible obstacles in relation to the effectiveness of this institute. For the development of the same, official data were used to demonstrate how the precautionary imprisonment has occurred in the Brazilian judicial system, according to their respective legal provision; in addition to the literary survey on the proposed theme.