A newly launched survey by the Observa Custódia platform reveals a concerning trend: only 26% of courts in Brazil fully comply with the Supreme Court (STF) directive to hold in-person custody hearings.
Released on 12 November 2024, the survey spans 174 courts and uncovers systemic issues undermining detainees' rights in the first hours of detention.
The new data was launched at a meeting of the National Council of Public Defenders-General (Condege) – a key partner to this project. APT had the opportunity to present the findings to heads of all 27 public defense offices across the country.
“All the data compiled in the dashboard is provided by public defenders that feed the information through survey forms. The partnership with the National Council of Public Defenders-General is invaluable, enabling a bridge with public defenders in different corners of the country”, says Sylvia Dias, APT Senior Legal Adviser in Brazil.
The survey also shows that in 70% of the detention control hearing units detainees are connected to the virtual hearings from prison facilities or police stations , and that in 48% of districts detainees are presented in prison uniforms, which can contribute to stigmatisation and violates the presumption of innocence.
"These findings reveal worrying trends that undermine procedural safeguards and the quality of detainees' interactions with judicial authorities," says Ms. Dias. "Remote hearings inhibit reports of abuse and often limit private contact between detainees and their defence. Hearings in police or prison settings inhibit their ability to report potential abuses.
Here are some of the survey’s key findings.
1. Time Between Arrest and Hearing
A positive finding shows that in 60% of surveyed courts the person detained is presented before a judge within 24 hours of arrest, as required by Brazilian law, and in an additional, 36 % of cases, the presentation happens withing 48 hours. . Prompt hearings are essential to uphold detainees' rights, in line with the International Covenant on Civil and Political Rights and the American Convention on Human Rights.
2. Detainee Presence During Hearings
In four counties, including two state capitals, detainees are never present for the full duration of their detention control hearing. This is a severe breach of detainees' rights, preventing them from fully participating in the judicial process.
3. Access of family members to judicial proceedings
The new set of data also shows that in 54% of surveyed courts, family members are not authorized to attend such hearings.
4. Forensic Examinations
Expert forensic exams are not consistently conducted in many regions. The survey highlights a particular gap in the South and Southeast, where 35.2% and 29.8% of counties, respectively, do not conduct forensic evaluations, leaving significant protections unmet.
The findings from Observa Custódia reveal an urgent need to bolster protections within the Brazilian judicial system. With nearly 10 years since the introduction of custody hearings, the survey calls on stakeholders to reaffirm their commitment to in-person hearings and all fundamental safeguards that should be in place for people taken under police custody.
Observa Custódia is supported by the Institute for the Defense of the Right to Defense (IDDD), Conectas Human Rights, Asa Branca Criminologia, Office of Legal Assistance to Popular Organizations (GAJOP), Pro Bono Institute, Institute for Studies of Religion (Iser), Justiça Global, Network of Communities and Movements Against Violence, Criminal Justice Network, Public Defender of the State of São Paulo and Public Defender of the State of Rio de Janeiro.
The data collection is done in partnership with the National Council of Public Defenders (Condege), through the contribution of public defenders who work with custody hearings in several locations throughout Brazil.
News
The 2024 data was the subject of an article (access the article here) and an editorial in Folha de São Paulo (What Folha thinks: Courts subvert decision on custody hearings - read here).
