Audiências de custódia no âmbito da crise do sistema penal: garantismo ou simbolismo?

Abstract

The state of bankruptcy of the Brazilian prison system has lasted for decades. Paradoxically it is a structure that continues to expand, sheltering a population that grows in geometric progression, without minimum structural conditions of dignity, hostage of rebellions, massacres, criminal groups and the omission of the public power, contrary to the most expensive principle of the constitution of 1988: the dignity of the human person. The most recent effort to ensure the dignity of incarcerated persons is the establishment of custody hearings, an initiative of the National Council of Justice, through Resolution 213/2015, seeking to address the "culture of incarceration." This study aims to examine the context in which custody hearings are held within the prison system in the Amazonian capital, investigating whether the advent of this institute represents an effective implementation of the individual guarantees to the prisoners in flagrant, contributing to a better performance of the actors of the prison system. Justice regarding the rationalization of the use of pre-trial detention and the confrontation of ill-treatment and torture reported by the individuals guarded during the guarantee hearings.