Controlar ou punir? : um estudo sobre os determinantes da prisão preventiva nas audiências de custódia em Belo Horizonte

Abstract

This paper aims to discuss the dynamics of the Custody Hearings and the determinants of decisions made in this sphere. These hearings were inserted in the Brazilian criminal process in 2015 and it purpose is to allow the judges, based on the participation of the Public Prosecutor, the defense and the prisoner, a more accurate analysis of the need for preventive custody, as well as allow a judicial control of the use of force by the police apparatus. ith its insertion in the criminal procedure, it was tried to qualify the decision-making process of the judge, aiming to reduce the conversion of prisons in flagrante into preventive, considering that the provisional prisons represent modality responsible for much of the incarcerations in Brazil. In this scenario,the custody hearing constitutes the decision-making body of distinction between the individuals “who remain in prison and those who are released, with or without precautionary measures, throughout the investigation and the criminal process. Given this context, based on qualitative and quantitative data produced in the months of April to October of 2018, by the Center for Studies on Crime and Public Security (CRISP) in the region of Belo Horizonte, this work points to the to the decision of pre-trial detention as a non accusatorial decision, despite the presence of the custodian, the decision is still based on the police view of the crime.