The protagonism of courts: a genealogy of custody hearings
The protagonism of the courts is not a recent phenomenon. However, if in the past the notoriety of this Power was limited to sporadic episodes that reflected conservatism and discriminatory treatment, there are simultaneously theoretical currents that focus on a new type of action, more adjusted to the role that the State acquires in the twentieth century as promoter and guarantor of social rights (SANTOS et al., 1996). In this sense, Tate and Tobjorn (1995) affirm that we are living an era of global expansion of the Judiciary. In this sense, we propose to reconstitute a genealogy of the custody hearings, and from it to reflect on the role of the Judiciary in the production and reproduction of the unconstitutional state of affairs that is observed in the criminal justice system in Brazil. What does the genealogy of custody hearings - a rights-guarantee policy - have to tell us about maintaining the historical violation of institutional rights and violence in the country?