A (in)efetividade da audiência de custódia no controle da violência policial : um estudo sobre a teoria e prática no sistema de justiça criminal

Abstract

Police violence is one of the faces of the systematic violation of human rights in Brazil and has been denounced by international organizations, having been the subject of a recent condemnation of the Brazilian State in the Inter-American Court of Human Rights (Favela Nova Brasília v. Brazil Case). Reality demands that one (re) thinks the means of control over police agents and the ways of restraining violent practices. This is the scope of this research, which has as its central object the bail hearing, implemented in Brazil in 2015 by the National Council of Justice. Its purpose is to provide greater control of police work through the immediate presentation of the person arrested or detained to a judicial authority, so that its advent could contribute to the inspection work, representing a new channel of complaints to the control bodies. From the theoretical substrate that has been formed on the bail hearing, we arrive at the problem question that guides the investigation: what are the reflexes of the implantation of bail hearings in the control of police violence practices? It is analyzed, therefore, how the advent of bail hearings influences the work of the control organs, especially of the Public Prosecutor's Office, regarding the control and restraining of violence. In addition to the theoretical research carried out, a case study of Porto Alegre/RS is presented, through ethnographic research, combining the direct observation of the hearing with interviews and informal conversations with legal actors involved in them, as well as the gathering of quantitative data. The work, developed in the Postgraduate Program in Criminal Sciences of PUCRS, is part of the Criminal System and Violence concentration and in the line of research on Contemporary Criminal-Legal Systems, although it also deals with Violence, Crime and Public Security, in a transdisciplinary approach. In addition to the important theoretical study of the new institute, it is intended to collaborate with a critical debate that provides for the effective implementation of the bail hearing, accompanied by a paradigm shift toward a humanized criminal process.