A audiência de custódia como mecanismo judicial de proteção de direitos humanos

Abstract

The Brazilian prison system is in a current scenario of total bankruptcy, with more and more frequent reports of overcrowding, torture, ill-treatment, poor hygiene, revolts, among other problems of grave disrespect to the dignity of the human person. For this reason, the National Justice Council (CNJ), together with the Ministry of Justice and the São Paulo Court of Justice, launched in February 2015 the custody audience project. This bill establishes that the incarcerated in flagrant is presented to a judge in audience, without delay, together with the participation of representative of the public prosecutor, the lawyer of the prisoner or the public defender. On that occasion, the magistrate will analyze the legality of the prison, its necessity and continuity, as well as the possible grant of freedom, seeking to avoid illegal arrests, torture, mistreatment and guarantee the effectiveness of the international human rights convenants. This scientific work is based on a hypothetical-deductive research, carried out with a qualitative approach and a descriptive purpose, with the purpose of proposing a formative evaluation on the subject under study. The objective is to objectify the use of the custody audience, with a focus on respect for human rights, from the perspective of the international pacts ratified by Brazil, as well as to point out the development of the Brazilian legal system in order to adhere to the use of the custody audience to diminish The prison population, increase mechanisms to control and combat offenses against personal integrity (physical and psychic). The conclusion reached is that the custody audiance has been achieving its goal of ensuring rapid judicial review of prisons in flagrant delicto with respect for fundamental rights and guarantees.