Custody Audience in Military Justice

Abstract

This paper aims to demonstrate the applicability of custody hearings in the military criminal sphere. The custody hearing is a fundamental guarantee of the prisoners in order to guarantee their dignity and human rights, since the prisoner must be immediately presented to a judge of law, in the presence of the Public Ministry, Public Defender or his lawyer, for purposes of analyzing possible torture, as well as the legality and need to maintain provisional detention. It was possible to conclude that the adjustments must be made to guarantee a right that extends to every person arrested in flagrante delicto, which includes military prisoners. The methodology used was the hypothetical inductive, by which the subject was presented in a generalized way, seeking a conclusion and a general truth, through a bibliographic search.