Desafios para a implementação da audiência de custódia: apresentação imediata da pessoa presa em flagrante ao juiz e a efetividade dos tratados internacionais no âmbito do processo penal brasileiro

Abstract

This monograph presents some reflections and analysis on the inclusion of "person presentation right attached to the judicial authority" provided by the Pact of San José, Costa Rica and the International Covenant on Civil and Political Rights New York, in the legal system Brazil, through Resolution 213 of 2015 of the National Council of Justice. The research was focused exposure of the main discussions about the effectiveness of conventional collateral and its effects on criminal prosecution. It is stated the importance of participatory contradictory as a major factor for the legitimacy of judicial decisions, especially when it has the power to restrict the right to freedom. Apart from during the research stamped problems asks to the extent to which cultural background influence the decision making of the magistrate in order to annihilate the conventional duty on screen. It is noteworthy that the research does not have the intention to trace a route to be followed by forensic practice, but to express thoughts on the subject. It is intended to present possibilities that may effect the conventional guarantee and ensure a participatory contradictory to protect a true adversarial system.