A audiência de custódia e o sistema acusatório: um diálogo necessário frente às autorizações normativas

Abstract

The purpose of this study is to analyze the institute of the Custody Hearing, to discuss the main normative instruments that regulate it and to opose it with the classic assumptions of the accusatory system, to demonstrate that this procedure is covered by the guarantees that are inferred from this system. To argue that the judge's decision on the maintenance and conversion from Flagrant imprisonment in custody or the granting of provisional release, with or without the imposition of other precautionary measures diverses from prisions, its consequent assessment of the facts and the duty to state reasons, when Of the prisoner's presentation, consubstantiated by the arrest warrant and the narrative of the prisoner, through free and manifest will, does not constitute offense to the accusatory principle, even if the human nature of the judge and his moral political aspirations are recognized. Emphasis on the work was reinforced by the empirical research in the follow-up of some hearings in the Juiz de Fora Criminal Courts, in the scope of State Justice.