Videoconferencing on Initial Hearings: A Successful Case?

• Autor(a) principal: Abath Valença, Manuela
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/89833
• topic: Videoconferencing; initial hearings; fundamental rights; torture; Videoconferência; audiências de custódia; direitos fundamentais; tortura

This paper is the result of a bibliographical review that aimed to analyze the impacts of videoconferencing on Brazil’s sort of initial hearings, so called “audiências de custódia”, which were implemented to avoid incarceration and as a mechanism of accountability of police officers. First, we explore published studies on initial hearings in Brazil that point out the biggest challenges concerning decision making to avoid incarceration and prevention of torture and others degrading treatments in that country. Then, we present essentials findings of recent researches conducted in United States, where videoconferencing in criminal proceedings is increasingly used, which demonstrate that the use of this technology affects the behavior of participants and violates defendant’s fundamental rights. Finally, we highlight the impacts of videoconference technology on initial hearings in Brazil thinking about how non-visual contact between arrested people, defendants, prosecutors, and judges can difficult judicial control of police and prevention of torture.