Prisões cautelares e audiência de custódia : uma análise do impacto no encarceramento provisório

• Autor(a) principal: Cruz, Jorge Henrique Tatim da
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/8541
• topic: Prisão Provisória; Prisão Cautelar; Audiência de Custódia; CIENCIAS SOCIAIS APLICADAS::DIREITO

This research analyzes the relationship between the custody audience and the pre-trial prisons. Starting from the fact that the contingent of pre-trial detainee’s accounts for a significant portion of the mass incarceration me of the phenomenon, featuring the overuse of precautionary prisons. In this context, in 2015, the custody hearing appears in the Brazilian criminal forensic practice, based on the initiative of the National Justice Council, with the function, among others, to exercise judicial review of legality immediate precautionary arrests. The objective of the present study is to determine if, in fact, the custodial audience has been fulfilling its potenti al to correct the use of temporary prisons in Brazil. For this purpose, an approach was taken based on a bibliographical review that goes through the understanding of the phenomenon of the Emergency State Criminal and the response to this immediacy in the application of criminal justice, translated into the imposition of provisional arrest, from the rescue of the principle of presumption of innocence and the postulates of the theory of precautionary prisons. Next, the custody hearing is analyzed properly, from its form of entry into the legal order of the country, through international treaties on human rights signed by Brazil, until the understanding of its purpose and the content of the open expressions that make up its concept, based on the review of the international diplomas in which it originates and the decisions of the Inter-American Court of Human Rights. Finally, the examination drawn from empirical research data, effectively check the impact of the custody hearing deployment to the problem of excessive use of pre-trial arrests in Brazilian criminal procedure practices. The results obtained show that custody audiences have a relevant potential to adapt the use of precautionary prisons to a constitutional-democratic paradigm. However, the realization of this potential faces old obstacles that mark the anachronistic Brazilian criminal procedural system. It is concluded that the full realization of the potential of the custody hearing goes through the reformulation of the criminal process in Brazil, overcoming the remaining authoritarian remnants. Thus, an indispensable measure is the definitive removal or, at least, the objective and restrictive definition of the concept of public order, as foundation for precautionary arrest imposed.