Gestão da justiça e audiência de custódia

Abstract

The custody hearing consists of presenting the prisoner to the judicial authority within 24 hours after his arrest. This procedure aims to ensure the humanization of the act of incarceration, analyzing the circumstances in which the arrest took place in order to avoid the unjustified arbitration of the State. This monograph is structured in three chapters that are independent of each other, with their own research questions, but that start from a single central problem, which is: considering the time lapse from January 2016 to December 2019, it appears that the management of audiences of custody in Barra do Garças district during the weekend and holiday shifts is ineffective in order to comply with the 24 hour deadline set out in CNJ Resolution 213/15 for the presentation of the person caught in the act to the judge. In the methodology, an initial exploratory research was carried out with a subsequent literature review, analysis of direct and indirect data, semi-structured interviews with experts and content analysis. The research contributed scientifically from the presentation and comparison of the custody hearings provided for in brazilian and portuguese law; the management of custody hearings in the state of Mato Grosso and in Barra do Garças district was demonstrated in a quantitative and qualitative way, noting that in both cases there are management problems for holding custody hearings at the court with regard to compliance with the deadline of up to 24 hours for the presentation of the person arrested in arrest in the act to the judge restricting himself to the situations of judicial duty on weekends and holidays in which the judge and the person arrested are in different counties. Faced with this problem of justice management, the same recommendation found by the Inter-American Commission on Human Rights was proposed, namely, to hold “prison hearings”.