Cumulative Disadvantages in the Brazilian Criminal Justice System: Is Pretrial Detention a Source of Racial Disparities?

Different studies have examined racial disparities in the criminal justice system. Empirical examinations indicate that pretrial detention is a critical source of cumulative disadvantage in the United States. However, few studies have been undertaken in Latin America, where racial bias and pretrial detention remain understudied. This study utilized primary data collected from cases presented at Custody Hearings in Belo Horizonte, Brazil, employing logistic regression and path analysis. The findings indicate that while race does not have a direct effect on conviction decisions, it exerts an indirect effect through pretrial detention. Specifically, Afro-Brazilians face higher odds of pretrial detention compared to their white counterparts, which subsequently increases their odds of being convicted. Implications concerning racial disadvantages in the Brazilian criminal justice system are discussed.