Audiência de custódia e a possibilidade de redução do encarceramento no Brasil

Abstract

The custody hearing, besides verifying the preservation of the prisoner's physical integrity, emerged as a possibility of reducing incarceration in Brazil. Find support in international treaties, which Brazil is a signatory, and is regulated through Resolution 213 of the National Council of Justice. Faced with the large number of people deprived of their liberty in this country, mostly of provisional prisoners, through the custody hearing there is a greater possibility that the agent respond to their criminal case in freedom, which is the constitutional rule. In the present work, were analyzed the precautionary prisons that suffer, in practice, custody hearing interference. Afterwards, the numbers of the incarceration and the persons deprived of their liberty were presented, as well as the characteristics of the prisoners and those in custody. In addition, other measures have also been aimed at combating incarceration and its first results were also presented. Subsequently, a custody hearing study was conducted, with the demonstration of its objectives, its operation and the legal foundations. Finally, the first statistical data of the custody hearing was presented to combat incarceration. Despite of these numbers being still incipient and there is no consolidated statistical data in the country regarding the total conversion of arrests in flagrante into preventive before the implementation of the custody hearing, there are indications that there has been a slight decrease in the incarceration of provisional prisoners.