Audiência de custódia: o delegado de polícia como "autoridade com poderes judiciais" para realização do procedimento

• Autor(a) principal: Almeida, Flávio Diaz
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6140
• topic: Audiência de custódia; Delegados de polícia; Direitos humanos

This study is to analyze whether the Police Chief could be “another authority enabled by law to perform judicial functions”, to proceed Custody Hearings (or Presentation) of prisoners caught committing crimes. The procedure to be used was defined, placing it in the Brazilian historical and political context, analyzing and contextualizing the conventional legislation on the personal rights of prisoners and detainees. Furthermore, the origins, technical and functional aspects of the post of Police Chief are analyzed, along with the positions taken by the International Court of Human Rights and the Brazilian Federal Supreme Court on “another authority enabled by law to perform judicial functions”, verifying whether Police Chiefs in Brazil could be made equivalent to the “other authority enabled by law to perform judicial functions” to hold Custody Hearings. In relation to the methodology, this study is exploratory in nature and uses a qualitative approach, making a bibliographic survey, using the published references in the Brazilian literature (books and articles), as well as the judgments of the STF and (ADI no. 5.240/SP and ADPF no. 347/DF), and in the legislative sphere the Draft Law in the Senate no. 554/11. Two International Human Rights Treaties were analyzed that deal with prisoner and detainee rights, which are the International Civil and Political Rights Agreement and the American Human Rights Convention (or Pact of San José of Costa Rica), as well as the rulings of the Interamerican Court of Human Rights. The methodology used for the data analysis was the analysis of content. The results indicated that it is possible to hold Custody Hearings by Police Chiefs only if there are sufficient legislative changes to guarantee the same full powers to relax the imprisonment to include crimes with sentences of more than four (4) years, as well as to be able to issue Diverse Imprisonment Injunctions, which refuted the hypothesis formulated from the research problem.