Audiência de custódia: uma possível solução ao acentuado encarceramento brasileiro.

Abstract

This work is an explanation for the custody hearing exercise, specifically about your function wich plays its criminal action and your participation in the process of forwarding its work. This issue is relevant because of the importance of seeking alternatives to the crisis of the Brazilian prision system, taking into account the high number of precautionary prisons that are decreed daily. The methodology used in this work is of a qualitative nature, using as method of procedure the bibliographical of indirect and monographic research. As a method, the hypothetical deductive was used which, through doctrinal analysis and several situations concerning the subject, tries to offer solutions to the question, being this approach focused especially for the study of the custody audience. The theoretical contribution was extracted from various sources such as interactive websites and books. Initially, the study was about the exercise record of the sentence deprivation of freedom. It was made a study about the principles that guide an application of precautionary measures restricting freedom. Hence, it analyzed them as several variables of caution provided for in the Code of Criminal Procedure and in special laws. Posteriorly, was published a magazine about excessive decree of the precautionary prison by part of the Judicial power and the relative problems. Furthermore, addressing a legal issue of the custody hearing, analyzing their several diplomas that she's predict. Finally, it was verified that the audience of the audience in the control of the number of lawsuits was crowned of judgment by the brazilian judiciary. The study turns to the importance of this institute in the face of the penitentiary crisis that Brazil is experiencing, thus being a way of avoiding the decree of unnecessary precautionary prisons.