COQUEIRO, R. A.; COQUEIRO, Raquel de Aguiar.
Résumé:
This study aims to analyze the criminal procedural developments in the Brazilian scenario and the proposal of the National Council of Justice (CNJ) deployment Custody Hearing, which is expected in the American Convention on Human Rights and the International Covenant on Civil Rights Political and ratified by Brazil and integrated into domestic law through Decree 678/92 and 592/92, respectively. The standard establishes the guarantee to all persons who are arrested to be conducted without delay to the competent authority understanding the necessary dynamism and the measures to be effectively ensured compliance with the measures in order to solve the problem of trivializing the use of prisons precautionary in the country, which led to prison overcrowding and serious violations of fundamental rights of those being investigated. It is intended, therefore, to analyze the benefits and limitations of this proposal in the current legal and social landscape in which they operate the precautionary arrests and study cases where the custody hearing has already entered into force. Therefore, official data were used to demonstrate how has given the interim imprisonment in the Brazilian judicial system as their respective legal provision. Moreover, it was also carried out literature survey about the Custody Hearing, both the Brazilian doctrine, such as the Latin American authors, whose legal systems already provide for similar hearings for some time.