
This article aims to analyze the custody hearing procedure in relation to precautionary measures at the Jorge Santana Public Jail, currently under review by the Inter-American Commission on Human Rights. To this end, the article will be divided into four parts: initially, it will examine the position of the Protection System regarding individuals with motor or sensory disabilities who are deprived of liberty in pre-trial detention. In a second part, the recommendations and resolutions of these bodies concerning custody hearings specifically focused on Brazil will be reviewed. In the third part, the compatibility of the internal regulations on custody hearings with established standards will be investigated. Finally, the role that the custody hearing played in the case under review will be analyzed. To conduct this study, an assessment of the positions of these bodies will be made using their jurisprudence compendiums and bibliographies that analyze the standards related to custody hearings and individuals with permanent or temporary disabilities. In the third part, primarily based on documentary ethnography, an analysis will be made of the legal documents that guided the precautionary measure, specifically regarding custody hearings. The research may observe how litigation was important as a tool to influence procedural changes regarding people with disabilities at the entry point, but not in effectively providing a filter that places the right to health and physical integrity at the center of the decision about granting freedom or not, thus proving the judiciary's central role in maintaining violations against these groups.