CUSTODY HEARING AND PROCEDURAL EFFICIENCY

Abstract

The present paper aims to examine the possibility of using the custody hearing for summons to a defendant. From a historic and legal approach of the right of freedom, as well as through of a correct understanding of the principle of administrative efficiency, it is possible to defend the creation, by law, of new modalities of supposed summon and intimation. On the day of the custody hearing, the judge could define a deadline for the person in custody to return to the court
in order to take notice of the progress of your lawsuit, under sentence of being considered summoned. Likewise, on the appointed day to return, the person would be also notified to attend the trial, if he wants.The proposal is compatible with the rights of freedom, of defense and,also, with the constitutional obligation of efficient allocation of Brazil’s limited public resources.