Audiência de custódia e sua efetividade no processo penal brasileiro

Abstract

It is noted that there are several rights enshrined in the Federal Constitution in order to protect those who may have their freedom threatened, considered the constitutional rule of freedom to come and go as long as there is no final judgment in criminal proceedings. The presence of the sued before the judge, constitutes a legal situation that transcends the category of procedural law, is an indispensable right for the maintenance of the dignity of the human person. This article is based on data from the National Council of Justice (CNJ) on the country's prison situation and on the analysis of the implementation of the custody hearing in Brazilian Procedural Law, through CNJ Resolution 213, with a view to Brazil being signatory to the international treaties dealing with the 6 custody hearing, which were ratified and integrated into the domestic legal system by Decree 678/92 and 592/92. The custody hearing is an essential protection for the protection of the fundamental rights of the individual. The importance of presenting the prisoner without delay before the judge to analyze if the arrest was legal, allowing the one who was arrested in the act to have the criminal offense. right to await trial of the case in order to reduce the number of unlawful arrests. Thus, the present study was based on bibliographic research, specialized doctrine, scientific articles on the subject, internal and external legislation and data published by the National Council of Justice.