O INSTITUTO DA AUDIÊNCIA DE CUSTÓDIA: Estudo de caso na Vara Criminal da Comarca de Uruaçu- Goiás

Abstract

The custody hearing constitutes a procedural act that guarantees the rapid presentation of the prisoner to the Judicial Authority in cases of arrest in flagrante delicto, preventive detention and any other type of arrest, in which the accused will be interviewed by the Judge and after hearing the manifestations of the Public Ministry and of Defense and then a court decision is issued. In this way, the custody hearing becomes a powerful instrument in facing arbitrary and/or even unnecessary arrests. Indeed, as of 2015, with Resolution No. 213/2015 of the National Council of Justice, holding this hearing has become mandatory, and despite the criticisms regarding the legality of the resolution and the competence of the CNJ to editing it, it is certain that from then on there was the starting point of this procedural instrument in the Brazilian legal system, which was later corroborated by the amendment of the Code of Criminal Procedure through Law nº 13.964/2019. Thus, through the analysis of the results obtained after this milestone, it was verified that in this temporal interstice there was a reduction in the prison population regarding pre-trial detainees, as well as a reduction in the number of arrests in flagrante delicto converted into preventive detention, which, in itself, demonstrates the effectiveness of the act, not only in the District of Uruaçu-Go, but also in the State of Goiás and in the country. In addition, there is an increase in the number of precautionary prisoners who received care and assistance services before or after the hearing. Thus, it is clear that the custody hearing has collaborated so that the individual rights of precautionary prisoners are guaranteed and safeguarded.