A polícia prende e a justiça solta: audiência de custódia no cenário do estado de Pernambuco (2015-2019).

Abstract

The present report is based on factual analysis of the Custody Hearing Project, created by Minister Ricardo Lewandowski, at the time, President of the National Council of Justice – CNJ. Aiming at making a booklet, aimed at consulting the popular classes and people in social vulnerability, with a view to demonstrating the true purpose of these audiences. As a central point of the research, we question the reasons why this type of audience was implemented so late in Brazil. The objective of this study is to recognize the importance of human and fundamental rights to be applied in these hearings, as well as to understand, from a legal perspective, why a distorted image was created around the custody hearing, in order to try to invalidate -there. The delimitation of the time frame, proposed for the preparation of this report, comprises the period from 2015 to 2019, justifying the relevance of the topic, and its recent insertion in the legal world. The research was developed under the historical perspective, therefore, using the History of the Present Time, academic texts, newspaper analysis, processes on the topic, reports, and speeches by parliamentarians. The methodology used will have a qualitative approach, through a descriptive and exploratory study, based on bibliographical research, consisting in the analysis of published works on the subject under study, as well as doctrines, jurisprudence and statistical data analyzed in their historical dimension.