Os desafios da audiência de custódia no combate à superpopulação carcerária e na proteção aos direitos humanos

Jatahy, Carlos Roberto de Castro
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The aim of this study was to analyze the real operation and effectiveness of the Custody Hearings, focused on the Central of Custody located in the Rio de Janeiro State Court of Justice. Conceived by the National Council of Justice, the institute’s primary purpose consists on investigating any occurrence of police violence during the approaches to the execution of the flagrant and the retraction in the number of provisional prisoners. The contemporary relevance of this discussion is uncontroversial, given the necessary innovation of criminal law and criminal procedural law, consubstantiating itself as an innovation capable of rescuing the respect for freedom and physical integrity of prisoners. It is, therefore, an attempt to humanize the entitlements and to reverse the high levels of overcrowding in Brazilian penitentiary system. However, it was necessary to investigate if the Custody Hearing is being used simply as a government mechanism capable of emptying the Brazilian penitentiaries without any discretion, because if so, it would be necessary to reverse the circumstances, with human rights as the priority. A comparative analysis of the theoretical and practical aspects of the institute was accomplished. Regarding the practical aspects, a meticulous fieldwork was executed and some interviews with legal actors, who work at the core, were taken. It was concluded that the institute is not anchored in a mere administrative mechanism, since it avoids unnecessary arrests. However, it presents problems that need to be solved, with the necessary adaptations, so that it could work in a more effectively way in practice. Therefore, the Custody Hearing is able to represent an advance for the Brazilian legal system, being an efficient procedural innovation to change the culture of incarceration, reversing the catastrophic saturation of prisons, saving public resources, preventing innocent people from being arrested and, in the long run, avoiding injustices

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