Audiência de custódia no estado do Tocantins, implantação, resultados e desafios

Abstract

The following research has as its theme custody hearings, highlighting its scope and results in the Region of Palmas, aims to observe what has been its true effectiveness and implementation difficulties throughout the State of Tocantins. It seeks to demonstrate that, despite the good intention of its implementation, with the main goal of combating unnecessary temporary incarceration, protection of the prisoner's physical integrity and avoiding the inviolability of the fundamental rights of constitutional guarantees, the practical results to date are not in line with the which was launched in its implementation in 2015. The situation of our Brazilian penitentiary system has already been widely debated and is known and highlighted in numerous reports by national and international human rights organizations. Hereupon, through a bibliographical research, the intention is to situate the institute of custody hearings in our legal system and its perspectives in the human rights approach and to identify the legislation related to the custody hearings. Through research in the E-PROC system, present the results in numbers and demonstrate that we did not achieve the expected results, especially in relation to the reduction of the precautionary incarceration. Describe the arrests in flagrante before and after the custody, the number of prisons that have been held, and the freedoms that have occurred since its inception. To point out the challenges of extension throughout the State of Tocantins, at the end presenting a proposal more adequate to our reality with the purpose of implementing custody in our judiciary.