“A gente não tá resolvendo efetivamente, não tem justiça” – argumentos e compreensões dos juízes como burocratas de nível de rua na implementação das audiências de custódia em Feira de Santana - BA

Abstract

The purpose of this study was to analyze the perceptions adopted by street level bureaucrats (criminal judges) of Feira de Santana-BA for implementation of custody hearings. The methodology was qualitative, with analysis of documents and literature on the subject, from the analytical constructs “street level bureaucracy” and judicial activism/bureaucratic activism for argumentative analysis of the implementation of public policy instrument custody hearing. There was field research, with semi-structured interviews with 06 (six) judges, 05 (five) active in the region of Feira de Santana and 01 (one) from Salvador, who was one of the responsible for this instrument in the state of Bahia. In the research, they are considered as street level bureaucrats, due to the features presented in the professional performance during the process of mediation between the government and the citizen. The data was categorized from analysis of content and narratives presented, trying to verify the arguments and understandings of the criminal judges for the implementation of the custody hearings. The results showed a strong approximation of the judges’ performance with street level bureaucrats features, also mobilized from strong influence of the managerial ideology present in the Judicial Power. It were created 06 (six) empirical categories: a) relation judge and custodian based on the narratives of other actors; b) referral of the custodian by the judge for other network services; c) lack of procedural uniformity in the custody hearings with reproduction of unequal behavior for custodian; d) lack of necessary structure for custody hearings and judge’s workload; e) extra programs or activities developed by judges in the hearing audiences; f) judge formulator of operational norms of the hearing audiences based in their values. It turned out that the judges’ knowledge about current norms that treat the hearing audiences, as well as the understandings and creation of specific routines based on coping behaviors that face pressure and resource management are typical of street level bureaucrats.