A efetivação das audiências de custódia no Brasil: uma análise do instrumento garantidor dos direitos humanos

Abstract

The present study aims to analyze the custody hearing, instituted in the light of art. 9.3 of the International Covenant on Civil and Political Rights (ICCPR) and art. 7.5 of the American Convention on Human Rights (ACHR), which Brazil ratified in 1992. It is a procedure in which the person arrested that was just caught up in the act, must be presented to the judicial authority within 24 hours. At this moment, in the presence of the Public Prosecutor and the defense, the prison will be evaluated under the aspect of legality, if there was torture or mistreatment. This paper intends to analyze several aspects, such as initial arrests, concept and characteristics, elucidate the problem of those kind of prisons and the increasing number of the Brazilian prison population. Subsequently, a critical study will be presented regarding the custody hearing: deadline for presentation of the inmate, competent authority for the performance, and use of the video conference system. For the conclusion of this work, we used researches conducted by official government agencies regarding prisons in Brazil, as well as bibliographic research regarding custody hearing and prison theory. The research was necessary because of the relevance and timeliness of the story on the national scene, given the many controversies and efforts to make custody hearings a reality within the Brazilian Courts. Finally, it will demonstrate the importance of guaranteeing human rights within the prison, and how the custody hearing will be welcomed in Brazil.