Antes e depois: uma análise da implementação da audiência de custódia na Comarca de Campinápolis-MT

Abstract

In order to adapt domestic law to international law in relation to prison, the custody hearing was implemented in the Brazilian legal system, responsible for changing, formally and substantially, the previous provision. For this reason, this work is based on the study of interlocutory decisions rendered in prison analysis, before and after the implementation of the custody hearing in the District of Campinápolis-MT, in order to understand the extent to which these hearings fulfill their purposes, as well as the elements that go through the implementation of this institute in interior counties. In order to fulfill the objective of this study, quantitative empirical research was used, through the collection of data from decisions handed down in the context of prison analysis, in the pre and post-implementation periods of the custody hearing. Thus, it was concluded that the holding of the custody hearing has still been the main challenge faced by the District of Campinápolis-MT, due to the deficiency of the rigging of the criminal justice system, in its structural and human conditions. The results obtained show that the custody hearing partially fulfilled purposes contrary to those formally intended by it, since with its realization the rate of conversion into custody increased and the rate of granting provisional release decreased. In spite of this, the data also show that its implementation has allowed the reduction of illegal and unnecessary arrests and paved the way for the analysis of particular situations, such as the case of the extinction of the punishment of the agent by the prescription of the punitive claim of the State. Therefore, this study is important to, from the analysis of the collected data, understand possible results of the implementation of the custody hearing in the District of Campinápolis-MT, in order to verify to what extent this institute has fulfilled its original purposes, in addition to knowing the elements that go through the implementation of this system in the interior regions of Mato Grosso.