A audiência de custódia sob múltiplos olhares: interesses estatais versus direitos humanos e fundamentais

Abstract

In February 2015, with more than twenty years of delay, the National Council of Justice launched the project "Custody Hearings" with the objective of actualize the American Convention on Human Rights and the International Pact on Civil and Political Rights with regard on the rapid presentation of the arrested in flagrante to the judicial authority. This new procedure aims at adjusting criminal procedure to international standards, preventing police torture, avoiding arbitrary arrests and fighting overburdening of jails. In the course of the work, it was possible to identify, among the main state institutions linked to the execution of the audiences, which ones were favorably positioned and which were positioned against their realization. The Magistrate, the Police and part of the Public Prosecution were contrary, while the Public Defender and an expressive portion of the Public Prosecutor's Office were favorable. This way, considering the reflection that this processing system has on the human and fundamental rights prisoner arrested in flagrante, the presented monograph has the goal to verify if the interests of these institutions overlap with the applicability of custody hearings, as well as the as if they guarantee the Human and fundamental rights of prisoners arrested in flagrante. For that, the inductive approach method and the functionalist procedure method were used. The research techniques employed were bibliographical and documentary. Finally, based on a guarantor view and on the theory of fundamental human rights, it was possible to conclude that opposed interests to the custody hearing reflect in the softening and lack of protection of the fundamental human rights of the flagranteated and should be rejected.