Violence in the arrest and the dichotomy of the system

a discussion about informal hearings of adolescents and pre-trial hearings for adults in Brazil

Abstract

https://doi.org/10.1590/2179-8966/2023/72119i

Research and literature on the juvenile criminal justice system in Brazil has focused on the specific legal aspects and rights guarantees of the procedures related to the apprehension of adolescents in flagrante delicto, without highlighting the issues related to the obstacles to the investigation of violence committed at the time of apprehension. As for the criminal justice system, the creation and disputes related to pre-trial hearings have shed light on the first moments immediately after the arrest of adults in flagrante delicto and the importance of structuring a state support network for the collection and recording of any violence committed at the time of arrest. In this article, we seek to understand to what extent the difference between the two procedures creates a dichotomy between mechanisms for determining violence, what are possible reasons for resistance to incorporating pre-trial hearings into the juvenile justice system, and what are the possible ways to deepen the debate on police violence and the presentation to authorities of the justice systems.

Keywords: Informal hearings; Juvenile justice system; Pre-trial hearings; Police violence; Flagrante arrest