
The primary aim of this study is to examine the ineffectiveness of custody hearings in Brazil. In this regard, three specific objectives were established: (i) to identify the political-criminal framework and purposes of the institution; (ii) to clarify which safeguards for detainees must be observed; and (iii) to analyze the process of implementing such hearings in the country. Through a comparative analysis of the collected data and applying an empirical data analysis method, it was observed that, although custody hearings serve as a significant instrument for reducing incarceration rates in Brazil, there remains a notable resistance within the Judiciary to their full execution. This resistance is evidenced by the fundamental guarantees frequently violated during the implementation process of these hearings, primarily due to the punitive ideal that pervades criminal proceedings. Thus, although they represent an important procedural tool, the effective realization of the objectives of custody hearings requires measures that challenge the punitive logic, replacing it with a democratic approach.