Audiência de custódia: uma evolução no judiciário brasileiro ou manobra inconsequente de descarcerização?

Abstract

The Custody Hearing was implemented in Brazil through No. 213/2015 Resolution of the National Council of Justice, based on the Pact of San José of Costa Rica and the International Covenant on Civil and Political Rights. Still, there’s a Legislative Bill No. 554/2011 that seeks to change the Code of Criminal Procedure in order to adapt it to the Custody Hearing. The institute shall provide for the presentation of the prisoner to the magistrate within 24 hours after the arrest in flagrant apprehension, where the legality of the arrest shall be assessed, deciding on its laxness or on the conversion into pre-trial custody or replaced by provisional release, investigation of possible mistreatment or police abuse. However, Brazil cannot be considered able to implement this hearing in its current legal context, mainly due to the lack of a State structure that has insufficient numbers of magistrates, police officers and justice servers for the Custody Hearing. With this hearing the accusatory system provided for in the Brazilian procedural order is ignored, because in any case, the magistrate is closer to the facts that are being examined. The figure of the police officer cannot be overlooked, since for more than two decades this image was responsible for analyzing illegalities and also the need for prisons and for observing possible police mistreatment. By the bibliographic and documentary research used in the present work, it’s observed that in the Brazilian scenario, the Custody Hearing is characterized by an unnecessary norm and that in the end only aims the disqualification.