A Audiência de Custódia como ferramenta processual para o combate à superpopulação carcerária

Abstract

This paper aims to analyze the issue of custody hearing, analyzing its characteristics and advantages to the legal system. Due to Law 12430/2011, to verify whether it resulted in the expected effect or not, that is, to make pre-trial detention the ultimate ratio of personal precautionary measures. It is considered that the so-called custody hearing, enables the immediate meeting of the prisoner with the judge, which may represent a determining step in favor of the civilizing evolution of criminal proceedings, thus rescuing the humanitarian and even anthropological character of the jurisdiction. . However, it should be emphasized that the issue refers to a topic recently brought up for discussion in the Brazilian doctrinal and jurisprudential scenario, and the custody hearing has been applied in several western countries, including it has been foreseen for many years in International Treaties. ratified by Brazil. Thus, custody means the action of guarding, protecting something or someone. In addition, the custody hearing is intrinsically related to this idea, and therefore focuses on the presentation of the arrested person without delay, to the presence of a judicial authority, which, based on prior contradiction established between the Public Prosecution Service. and Defense, to exercise immediate control over the legality and the need for the arrest made, in addition, should analyze the issues concerning the person of the person being led, including the possibility of ill-treatment or torture. Finally, it is necessary to emphasize the insufficiency of the internal legal regulation as well as the necessity of making possible, judicially and in the legislative scope, the implementation of the custody hearing in Brazil. Thus, the research methodology applied in the present study refers to bibliographic research, as it allows the expansion of knowledge to solve the problem through the search for references on the subject in question.