Inter-American parameters applicable, within the scope of the custody hearing, to those in custody with mental disabilities, in the event of denial of liberty
Custody hearing; Mental disability; Denial of freedom;
The present work aims to outline the possible paths to be taken within the scope of custody hearings when dealing with a custodial person with psychological distress. To this end, the Anti-Asylum Law (Law No. 10,216, of April 6, 2001), Resolutions No. 213 (of December 15, 2015) and No. 487 (of 15 December February 2023) of the National Council of Justice (CNJ, 2015; 2023), as well as the International Covenant on Civil and Political Rights (Brazil, Decree no. 592, of July 6, 1992), the American Convention on Human Rights (Brazil, Decree No. 678, of November 6, 1992), Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Brazil, Decree No. 40, of February 15, 1991), the standards established by the Damião Ximenes Lopes Judgment (Inter-American Court of Human Rights, 2006), as well as the understanding of the Superior Courts.