O Papel Das Audiências De Custódia No Contexto Do Direito Penal Contemporâneo

Abstract

The implementation of custody hearings was the result of a great struggle by several bodies and, even after its approval, there was great resistance to its realization. Its social function was to produce release, reducing the prison population and thereby giving more dignity to prisoners, in addition to verifying the practice of abuse/mistreatment practiced by state agents at the time of arrest. To achieve this objective, a qualitative and quantitative analysis was carried out, through a bibliographical survey on the subject and quantitative analysis of data obtained from the analysis of the 67 custody hearings held in the municipality of Morrinhos - GO, in the year 2022, tracing a comparative to measure the impact of this institute on the city's prison system. From the data obtained, a profile of the individuals in custody was drawn, as well as the types of crimes committed by them and the judicial decisions handed down in these hearings, discussing the need or not for their realization and whether or not it fulfilled the social function for which it was created, obtaining as a result that it met in parts the purposes for which they were created. In terms of extrication, it was not effective because the judicial understanding of converting arrest in flagrante delicto into preventive detention still prevails, not producing the effect of extrication that was intended to be achieved. Regarding the reduction of mistreatment/abuse, this objective was achieved, since there was a significant reduction in reports of abuse by prisoners. Finally, we conclude that despite not meeting all the proposed objectives, custody hearings contributed positively to the improvement of the Brazilian prison system.