Análise do instituto da audiência de custódia no Brasil: desafios e perspectivas aplicáveis à sua eficácia.

Abstract

It is a fact that today criminal law has become a protagonist in society, given that there is an unbridled growth of criminal illicit acts and, consequently, a correlated increase of prisons, generating a massification of the idea that to guard it should be the rule, not the contrary. The purpose of this monographic study is to analyze the institute of custody hearings and their importance in relation to the need to find alternatives to prisons, as well as to demonstrate that this institute safeguards the fundamental rights and guarantees of the custodians. This work is entitled: "Analysis of the Institute of the Custody Hearing in Brazil: Challenges and perspectives applicable to its effectiveness". This theme focused on conceptualizing the custody hearing institute, outlining the history of punishment in the world, focusing on the species of prisons adopted in the country's legal order, with the objective of understanding the alternative measures to the act of arrest, especially regarding the pre-procedural moment of the custody hearing, evaluating the documentation, legislation and jurisprudence related to the topic. As a research technique, the present work has focused on bibliographic research studies, using indirect documentation, always with the objective of elucidating the theoretical, doctrinal and jurisprudential support that surrounds the subject. Also, with method of approach, the deductive method was applied, starting from already pre- established concepts, for the understanding of the institute analyzed, all correlating with the laws applicable to the species. Finally, it is concluded, therefore, that imprisonment must always be understood as an extreme measure and only usable in exceptional cases, not as it is presented in the current national legal system, since it has been used as alternatives to growing violence, thus defusing the real problem, that is, lack of investment in public policies. In addition, it is verified that the applicability of the custody hearings, make more respect the prerogatives of the prisoners, as foreseen in the Federal Constitution and the international treaties to which Brazil is a signatory.