A audiência de custódia como mecanismo de concretização de direitos e garantias fundamentais

Abstract

The current work chose as object of study the institution of the Custody Hearing under the prism of its recent implementation in the criminal practice, as determined by Resolution nº 213, of 2015, of the National Justice Council. The main objective of this study was to verify the effectiveness of the Custody Hearing, pointing to advances and criticisms regarding this. This institution comes from international human rights treaties and aims to function as a tool to guarantee the fundamental human rights. Faced with the current situation of Brazilian prisons, such as the overcrowding of prisons and the lack of unhealthy conditions, it is necessary to break with the massification of the so-called culture of temporary incarceration. Building on the American Convention on Human Rights, the International Covenant on Civil and Political Rights; and the referred Resolution of the CNJ, an analysis of the institute in question as well as the delimitation of its main characteristics was carried out. In addition, an analysis was accomplished on the implementation of the Custody Hearing in Brazil and the state of Paraíba. It was achieved that the aforementioned instrument tends to contribute to the reversal of the incarceration culture, at the same time that its implementation tends to signal for guarantees of human rights.