RT Article
T1 The exercise of authority during interactions in custody hearings in São Paulo (Brazil): Building legitimacy through exclusion
JF Punishment & society
VO 25
IS 3
SP 707
OP 724
A1 Gisi, Bruna
A2 García-Sánchez, Efraín
A2 Novaes Cruz, Fernanda
A2 Silvestre, Giane
A2 Marques de Jesus, Maria Gorete
LA English
YR 2023
UL https://krimdok.uni-tuebingen.de/Record/1850577811
AB In Brazil, the Custody Hearing is a legal device established in 2015 to safeguard the rights of people arrested in flagrante delicto by the police. In an attempt to prevent the indiscriminate use of preventive detentions in the country, the custody hearings were created for the potential effects that an in-person meeting may have on the flow of the Criminal Justice System. While the recent literature on criminology has produced significant empirical data testing the effects of peoples’ evaluations of procedural justice during court hearings for institutional legitimacy, little is known about what happens during these situations of contact between citizens and judicial actors. Using data from the observation of 138 custody hearings at the largest Criminal Forum in Brazil, we analyzed in this work how interaction procedures and ceremonial resources are employed by judicial actors to exercise authority. By focusing on the quality of decision-making and the interpersonal treatment expressed in procedures, we sought to analyze the effects of the punitive framework for the construction of legitimacy. Our analysis of interactions in custody hearings indicates the existence of a claim to legitimacy which, counter to procedural justice principles, develops through the exclusion of the person subjected to that authority.
K1 São Paulo
K1 degradation ceremony
K1 Legitimacy
K1 exercise of authority
K1 Procedural Justice
K1 custody hearings
DO 10.1177/14624745221087707