The person arrested as a subject of rights custody hearing

The custody hearing is the act of presenting the arrested citizen, within up to 24 hours, before the judicial authority to verify the regularity of the arrest and the physical condition of the person arrested. This research sought to understand whether this legal procedural instrument has fulfilled the purpose for which it was implemented, which is to guarantee rights, or whether it has reinforced unequal social structures, with the increased stigmatization of certain groups based on skin color or social class. Thus, the aim was to identify the possible criteria used by the Judiciary for granting measures other than imprisonment in the custody hearing, considering the statistics that most people in prison are black and poor. The importance of this research is justified by the relevance of the custody hearing as an instrument for the defense of the fundamental human rights of the arrested subject. The methodology consisted of a qualitative bibliographic and documentary research. The intention was to expand the database on the subject, working as a promoter of the theme, ensuring the inmate the character of a person with rights. Finally, we conclude that the institute of the custody hearing presents itself, in fact, as a mechanism to stimulate unequal social structures that already exist, frustrating its main purpose.