A importância da audiência de custódia para identificação e apuração de tortura e maus tratos no contexto da prisão em flagrante em salvador

Abstract

This paper aims to analyze the role of the custody hearing for identification and investigation of torture and ill-treatment reported by inmates in the city of Salvador. To this end, 52 hearings were observed at the Salvador County Court of Custody Court. . The adopted theoretical basis will bring the discussion about the inequality of the criminal law from the perspective of the critical criminology, having as a mark the perspective of class and race. The research also sought to verify the measures adopted by the judicial authority, representative of the Public Prosecution and Defense, in the face of the narrative of police violence suffered in the context of arrest in the act, as well as the performance of the Human Rights Coordination of the Public Defender's Office and the Action Group. Special for External Control of Police Activity - GACEP. As for the methodology, it is a descriptive and exploratory research, which used the techniques of bibliographic research, documentary, adding participant observation and interview. The results indicated the recurrence of reports of torture or mistreatment by police in the context of the arrest in the act. It was also possible to realize that the custody hearing is an important instrument for identifying police violence. However, there is a deficiency in the State's performance through institutions such as the Public Prosecution Service and the Public Defender's Office, in these cases. Moreover, it was possible to realize the need to consider that any kind of torture and inhuman treatment is illegal, regardless of the accusation against the inmate.