A possibilidade de realização da audiência de custódia por videoconferência

• Autor(a) principal: Noronha, Francisco Torquato
• Data de Publicação: 2021
• 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/58009
• topic: Audiência de custódia; Integridade física e mental; Preso; Tortura

This paper aims to analyze the possibility of holding a detention hearing by videoconference or another technological resource for transmitting sound and images in real time. Such an institute represents, in its essence, the search for the guarantee of the fundamental rights of the detainee mainly in his physical and mental integrity. In addition, it is possible to see its importance also for the mitigation of the culture of incarceration, decreasing the prison overcrowding that predominates in the Brazilian prison system. It cannot be forgotten that such an object of research is the result of great doctrinal and jurisprudential discussions, mainly with the emergence of the pandemic by COVID-19 and the edition of recommendation nº 62 of the National Council of Justice (CNJ), which allowed the suspension of several detention hearings by Brazilian courts, drastically decreasing reports of ill-treatment and torture suffered by detainees at the time of arrest or shortly thereafter, which shows the relevance of studying this topic for the realization of fundamental rights of the detainee. In order to reach a conclusion on the problem, it was analyzed several bibliographic references of national and foreign works related to the implementation of the custody hearing in Brazil, its procedure and its purposes observing its legal repercussions, mainly through books, magazines, articles and periodicals related to the field of Law. Thus, it was analyzed the favorable and contrary currents related to the viability of the detainee presentation to the judicial authority through means unrelated to the face-to-face procedure, such as videoconferences, as well as the judicial and administrative decisions that dealt with the topic. At the end, it is concluded that the presentation of the detention hearing by videoconference or other technological means of transmitting sound and images in real time are appropriate, provided that it is exceptionally and expressly motivated, when it is not possible to perform it in person in time, thus guaranteeing the realization of this subjective right, of fundamental feature, essential for the preservation of the physical and mental integrity of the detainee.