A audiência de custódia e o sentimento policial de impunidade: uma análise da influência do garantismo hiperbólico monocular no instituto

Abstract

This article analyzes the custody hearing and the influence of hyperbolic garantism on this institution, aiming to understand the feeling of impunity among police officers due to releases that may be considered premature. Initially, the article discusses concepts and ideas that define the custody hearing and the reasons for its establishment, as well as the concept of criminal garantism and what causes it to become accentuated and unilateral. Subsequently, both qualitative and quantitative aspects are addressed, based on existing literature and a survey conducted with police officers, seeking to understand the impacts generated by the custody hearing. Additionally, the negative repercussions resulting from the way the custody hearings are conducted are discussed, largely influenced by unilateral garantism. Suggestions for restructuring the institution are also presented, aimed at mitigating the negative and harmful issues surrounding the custody hearing, ensuring that it continues to check the legality of arrests without relentlessly seeking release at any cost. The results of the research and analysis revealed that the current application of the custody hearing is, to some extent, deviating from the reasons for its implementation and overemphasizing the pursuit of unilateral garantism.