In prison, but without a hearing

Pre-trial detainees fill cells and wair on average 4 months to see a judge

12/10/2013

Although the law states that anyone who is imprisoned must see a judge in person within the first few days, thousands of people in Brazil spend months in custody before this occurs. Very often, they only see a judge at their trial, without having had the opportunity in advance to explain to a judge the reasons for their imprisonment, ruling out any chance of release pending trial. Detention hearings – if they existed in Brazil – would also serve to report mistreatment or torture, when this occurs.

In the state of São Paulo, 35% of the prison population are pre-trial detainees. In Piauí, this figure stands at 70%.

The latest newsletter from the Criminal Justice Network, of which Conectas is part, discusses this topic and lists 10 reasons to approve Senate Bill No. 554/2011, which creates detention hearings. The newsletter also contains commentaries by the director of Human Rights Watch Brasil, Maria Laura Canineu, the public defender Carlos Weis, and the distinguished jurist Aury Lopes Jr.