Análise crítica da audiência de custódia como mecanismo de garantia dos Direitos Humanos no âmbito do Processo Penal brasileiro.

Abstract

The Hearing of Custody was ratified by Brazil in 1992, and regulated by Resolution No. 213/2015. It has a legal provision in the American Convention on Human Rights, which provides that every prisoner must be taken without delay, in the presence of a judicial authority, which shall analyze the legality and necessity of the arrest. Its purpose is to curb the excesses committed by state arbitrariness, which consequently entails the violation of numerous fundamental rights. The present work had as objective to present the aspects related to the Hearing of Custody and its implementation in the procedural criminal justice system, evidencing, above all, its contribution in the protection of human rights. From this came the following problem: can the custody hearing be considered an effective instrument to guarantee human rights? Is its application compatible with the legal and material reality of the Brazilian criminal procedure system? The hypothesis raised in this work is that the effective implementation of custody will serve as an instrument to protect human rights in Brazilian criminal proceedings. In addition, it is a skillful mechanism to reduce the number of provisional prisoners. The procedural method used was the evolutionary history aided by the statistical method, and as a research technique the bibliographic study, through a deductive approach, referring the study to the historical origin of the prison sentence, addressing the normative influence of international treaties the legal and procedural reality of Brazilian criminal procedural law, as well as an analysis of the normative forecast of the custody hearing, its purpose, legal nature, principles, challenges, results, the main discussions that are inherent to it. Lastly, it was possible to deduce by means of an in-depth reflection and analysis of statistical data, that despite the difficulties, it is an instrument of valiant action in the fight against illegal prisons and consequent reduction of overcrowding in prisons, highlighting its important role guaranteeing human rights.