Public defenders, civil society organisations, and preventive mechanisms from across Brazil met in Brasília for the Observa Custódia forum, a national debate on “Custody hearings and human rights: judicial structures, individual safeguards, and criminal justice data.”
The event, organized by APT and the National Council of Heads of Public Defense Offices of Brazil (CONDEGE). came at a key moment. Ten years after Brazilian courts first introduced custody hearings, participants reflected on both progress made and the many challenges that remain. These hearings, held within 24 hours of an arrest, play a vital role in deciding whether pre-trial detention is necessary and in checking the legality of police and judicial procedures, including reports of torture.
Since 2022, the Association for the Prevention of Torture (APT) has run Observa Custódia, a platform mapping how courts across Brazil organise custody hearings. Data from the platform helped frame discussions in Brasília, showing not only the wide variation between states but also how central public defenders are in safeguarding detainees’ rights.
‘The partnership between Condege and Observa Custódia is strategic, as it combines the practical experience of public defenders, who are at the forefront of defending prisoners caught in flagrante delicto, with the research and monitoring capabilities of the Observatory,’ says Mato Grosso Public Defender General and Condege President, Luziane Castro.
Over two days, defenders and other experts shared good practices, from local initiatives to protect vulnerable groups to measures improving accountability in the justice system. Yet many concerns were echoed again and again: persistent police violence, inconsistent application of safeguards, and the difficulty of collecting reliable national data.
‘The event was an extremely enriching experience. We had the opportunity to exchange ideas with colleagues from different states and reflect on the daily challenges posed by custody hearings. These discussions reinforced the essential role that public defenders play in protecting the fundamental rights of people deprived of their liberty, as well as in curbing unlawful practices and abuses. The collective learning strengthens our mission to guarantee dignity and justice to those who need it most,’ stressed Paulo Victor, a public defender in the state of Piauí in north-east Brazil.
Importantly, the forum was not only about sharing experiences. It produced concrete proposals for improving data collection, refining judicial procedures, and building stronger advocacy to ensure custody hearings fulfil their role as a safeguard against torture and ill-treatment.
‘70% of custody hearings in Brazil are conducted by public defenders. Their work is crucial not only to ensuring individuals' right to legal counsel and protection of legal safeguards in judicial procedures, but also to informing broader initiatives such as increasing the Judiciary’s accountability and reforming criminal justice system’s practices and legal framework. Our goal as a civil society organisation is to build on legal standards and technical expertise to advance the protection of the human rights of people deprived of liberty,’ says Sylvia Dias, APT representative in Brazil.
APT and its partners will carry these learnings forward, using the Observa Custódia platform to monitor progress and push for reforms that make custody hearings a stronger tool of prevention.
APT thanks the Institute for the Defense to the Right of Defense (IDDD) and the National Preventive Mechanism of Brazil for their collaboration with the event and the following sponsors for supporting this initiative and the broader fight for justice in Brazil: the Embassy of the Netherlands in Brazil, the Republic and Canton of Geneva, the Canton of Basel-Stadt, the United Against Torture Consortium and the European Union.
