Banca de DEFESA: EMERSON DA SILVA MENDES

“DR, AM I GOING TO BE ARRESTED?”: Analysis of the custody hearing in District of Porto Seguro, Bahia

Custody Hearing. Covid-19. Deprivation of Liberty.

The present study sought to analyze the Institute of custody hearing as a contentious measure to the exacerbated use of prison as a prima ratio of the Brazilian Criminal Justice System. In Brazil, since its implementation, the Custody Hearing has been understood as a subjective right of every person arrested whether it is flagrant, as a result of compliance with an arrest warrant – including civil – must be conducted in the presence of the judicial authority competent authority, so that it can be heard "on the circumstances in which his arrest took place" and also examining the aspects of formal and material legality of the arrest warrant. Thus, aimed at analyzing the imbrications contained in the holding of Custody Hearings in the District of Porto Seguro, extreme south of Bahia, together with the 1st and 2nd Criminal Court, this research seeks to understand the rationalities practiced by the operators of the right (Judges, Prosecutors, Advocates and Lawyers) during the Holding of Custody Hearings. To this do so, this research is organized on three objectives, which are: (1) the socioeconomic profile of the subjects taken to the judicial authorities to hold custody hearings, identify the criminal typifications now imputed and the legal measures adopted, seeking to analyze the
decision-making content and, above all, its rationale and, finally, identify and analyze the bills (PL) being processed before the national congress regarding the Custodia Hearing, as well as The Direct Action of Unconstitutionality (ADI) No. 6,841, pending before the Supreme Court (STF), identifying their basic assumptions and stated objectives (or not) and possible justifications. Through the increasing increase in the number of persons deprived of liberty, especially in the case of interim/precautionary measures, it is essential to analyze, especially the performance of the judiciary, having as scientific relevance the construction of an academic framework, interdisciplinary analysis, embodied in the questioning about the existence of a modus operandi that takes as its object the people in custody and not the arrest in flagrante itself.