2022
DOI: 10.1111/lasr.12591
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Decision-making in an inquisitorial system: Lessons from Brazil

Abstract: This paper seeks to understand how decision‐making works at the first appearance hearings (Custody Hearings) in Brazil, an initiative that intends to make the Brazilian criminal justice system more accusatorial. We used primary data gathered in the hearings between April and December 2018 in nine Brazilian states. Binary logistic regression models were applied to identify the variables that affect the odds ratios of pretrial detention. Results indicated a high level of homology between the prosecutors' request… Show more

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Cited by 8 publications
(6 citation statements)
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References 45 publications
(97 reference statements)
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“…The appropriation of the system by researchers in these areas favors the understanding and elaboration of public policies that allow for reductions in social vulnerabilities [84], the equitable distribution of public infrastructure in cities [85], improvements in public healthcare services [86], making better decisions in custody hearings [87], promoting the digital maturation of companies, achieving opportunities and avoiding market threats [88], and improving accessibility to healthcare facilities [89], among others.…”
Section: Discussionmentioning
confidence: 99%
“…The appropriation of the system by researchers in these areas favors the understanding and elaboration of public policies that allow for reductions in social vulnerabilities [84], the equitable distribution of public infrastructure in cities [85], improvements in public healthcare services [86], making better decisions in custody hearings [87], promoting the digital maturation of companies, achieving opportunities and avoiding market threats [88], and improving accessibility to healthcare facilities [89], among others.…”
Section: Discussionmentioning
confidence: 99%
“…For example, most police arrests are based on little to no investigation, with the majority of people who are arrested and detained classified by police as having been “caught in the act” of a criminal legal offense (Bergman & Fondevila, 2021; Semer, 2019). Among recent reforms, pre‐trial custody hearings have been introduced to mitigate arbitrary pre‐trial detention and enhance judicial oversight of police work and arrests (Lorenzo et al., 2009; Ribeiro et al., 2022); in practice, however, Akotirene's (2024) analysis of hearings in Bahia's city of Salvador conceptualizes them as vivid “scenes of colonial power” in contemporary democracy: overwhelmingly white court authorities carry out an almost “pre‐determined” ritual that legitimizes police arrests in most cases and dismisses Black people's accounts of police torture, coerced confessions or forged evidence.…”
Section: Democracy and Penal Policymentioning
confidence: 99%
“…However, their positions are obtained through competitive exams. These jobs are highly sought after as they entail prestige, high salaries, and job stability (Ribeiro et al, 2022).…”
Section: Race Homicide Sentencing and The Brazilian Contextmentioning
confidence: 99%