Audiência de custódia: uma reflexão jurídica acerca da banalização da prisão provisória

Abstract

This work aims to verify the effectiveness of the custody hearing, with regard to the reduction of what it was intended for, which is the reduction in the excess of provisional arrests that plague the country, responsible for keeping thousands of people waiting in prisons the result of the final sentence, some of which sometimes remain longer than necessary, so that in practice this has become an anticipation of the penalty. As well as verifying to what extent the custody hearing has decreased police violence at the time of arrest. Our proposal was elaborated through documentary and bibliographic research, mainly in those documents that contained some kind of qualitative monitoring of the custody hearing. So it was possible to conclude that despite recognizing the great advance of the custody hearing, in the sense of humanizing the criminal process, above all by providing greater contact between the judge and the prisoner, we still face some problems, because despite being present, the prisoner is still invisible to the legal practitioners who make up the custody hearing, as in many cases reports of police violence are ignored by them, which contributes to the perpetuation of institutionalized violence.