A efetividade da audiência de custódia em face dos Direitos Humanos do preso.

Abstract

In the Brazilian procedural system, the prisoner's first contact with the judge takes place in countless cases after a few years. The punitive tendency of the Judiciary, regarding the mass application of custodial sentences is concerned, has caused numerous problems to the Brazilian penitentiary system, more specifically to prison overcrowding. We live in a democratic state of law, in which the rule is the right to come and go in freedom of the individual, however, it is verified the improper decree of the precautionary custody, mainly, of preventive detention. In face of all this chaos, it is necessary to implement the criminal policy through the State, in the search for prevention and repression of crime, and punishment should be treated as an exceptional measure. The institute of the Hearing of Custody, foreseen in the international human rights treaties ratified by Brazil, and presented by the National Council of Justice in 2015, aims at the prisoner's immediate contact with the magistrate within 24 hours. It was idealized as a measure aimed at preventing unlawful, arbitrary or unnecessary arrests, as well as being an effective means of combating torture, and being inclined to transform the scenario of the Brazilian penitentiary system, aggravated by the culture of incarceration. The Custody Hearing seeks a more humanized view of the judge in relation to the custodian, guaranteeing the realization of the fundamental rights and guarantees, as well as the human rights of the prisoner who are violated at many times. In the realization of the present body of work the deductive method was used, making a deduction to obtain a certain premise, as well as the bibliographical research, using written references. Positive results have been achieved since the implementation of this institute in all Brazilian capitals, allowing a reduction in the number of provisional prisoners, reducing the rate of the Brazilian prison population.