Audiência de custódia no processo penal brasileiro: por um processo justo em respeito às garantias fundamentais

Abstract

This study aims to analyze the Custody Hearing as judicial instrument of criminal procedural precautionary measures, and compliance mechanism to international human rights treaties which Brazil is a signatory. In another perspective, an institute molds itself as guarantor recourse to due process of law in its substantial aspect, which is "fair process". It also aims to elucidate the problem of trivialization of precautionary arrests in Brazil, which led to the overcrowding of the prison system and violations of fundamental rights. It is expected, therefore, to analyze the procedural dynamics, the benefits and criticisms of the proposal of the National Council of Justice in this legal scenario in which they operate the precautionary arrests. For this purpose, we start from the state statistical data analysis about the precautionary arrests in order to explain how to prosecute the precautionary prison in Brazilian criminal proceedings. Moreover, we evaluate an institute from doctrinal investigation of the Custody Hearing and experiences in comparative law, demonstrating the essentialness of the guarantee in the Brazilian legal system.