Audiência de custódia - panorama nacional pelo instituto de defesa do direito de defesa (IDDD): estudo de caso da 17ª vara criminal – vara única privativa de audiência de custódia da comarca de Fortaleza

• Autor(a) principal: Oliveira, Thiago Alberine Marques
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/41435
• topic: Processo penal; Audiência de custódia

The implementation of custody hearings in the Brazilian judicial system began to take place in the year 2015, based on the intense efforts of the National Justice Council in partnership with the Ministry of Justice and the Defense Law Defense Institute. Despite the recent application of the custody hearing by our courts, the need to present the prisoner in flagrantee within twenty-four hours to the judicial authority has already been recognized since the American Convention on Human Rights and the International Covenant on Civil and Political Rights, which should have been fully in force in our legal system since the beginning of the nineties, since Brazil is a signatory of these treaties. As stated, in 2015 the National Justice Council entered into a partnership so that the custody hearing could become a reality in our courts. As of Technical Cooperation Term nº 7/2015, the National Justice Council undertook to promote coordination with courts throughout the country for the implementation of the "Hearing of Custody Project", primarily in the capitals of the federal states, with the pilot project being the State of São Paulo. In order to carry out project monitoring in the State of Ceará, the team researchers took turns in visits to the Court of Custody, in which they sought to follow the largest number of possible audiences, usually concentrating on one of the rooms during the entire period. Whenever possible, audiences of different judges were monitored in order to enrich the registered positions in the research. Faced with the data found and the reality witnessed, it is concluded that it is urgent to change the incarcerating logic and the exercise of control over the person. At this point, the importance of mobilizing civil society, which is proving fundamental to the advancement of custody hearings, and the engagement of judges, prosecutors and defenders committed to these hearings, has been made will enable the effective change of the criminal justice system.