Liberdade provisória, vigilância permanente : um estudo sobre o efeito dos antecedentes criminais nas audiências de custódia em Belo Horizonte

Abstract

This study investigates the effect of criminal records on decisions made during custody hearings. One of the stated objectives for the creation of this pre-trial procedure is to reduce the proportion of pretrial detainees in the prison population. In this context, we examine how decisions to maintain pretrial detention are made in an environment inhabited by various actors and institutions. Between March and September 2023, we conducted non-participant observation of 1,025 custody hearings in Belo Horizonte/MG. The data were analyzed qualitatively and quantitatively, using documentary analysis and statistical models. The results suggest that legal operators develop standardized and categorized responses in their daily work routine, with the subject's biography, constructed from criminal records, serving as a legitimate and legitimizing justification for the decision to maintain detention.