Audiências de custódia: uma análise sobre indícios de tortura aos flagranteados no Estado da Bahia durante os anos de 2012 a 2018 à luz dos acórdãos do Tribunal de Justiça do Estado da Bahia

Abstract

The present research deals with the implementation of custody hearings in the state of Bahia and its impacts on the verification of evidence of police torture to the custodians. This is because the custody hearing has, among others, the purposes of identifying and combating that conduct. Thus, in order to reflect on the existence of reports of torture and ill-treatment perpetrated by police against those caught in the act, as well as on the response given by the Criminal Justice System, more precisely by the Judiciary, decisions by the Court of Justice of the State of Bahia in proceedings involving the issue were analyzed. In this way, associated with judicial decisions, we seek information on the profile of the person taken to the custody hearings, the probative value attributed to the statements of those involved and the technical report of bodily injury, the position of the jurisprudence in relation to the impacts of pre-procedural events in the criminal action and the communication of the alleged facts to responsible organs, before and after the execution of the presentation hearings in the state of Bahia. In view of the data obtained, we conclude that, although the custody hearing is a commendable institute in the search to guarantee the human rights of the custodian, there are still many other issues to be faced to achieve its real efficiency.