Audiência de custódia na região de fronteira Brasil-Paraguai: método de desencarceramento em Mato Grosso do Sul

Abstract

The custody hearing project in Brazil it is due to the country's assumed towards the community and international organizations to protect, defend and implement the human rights, including the rights of prisoners, as a signatory to the Universal Declaration of Human Rights, the International Pact on Civil and Political Rights and the American Convention on Human Rights. At the custody hearing, the State Judge will examine within 24 hours the legality and necessity of the arrest, as well as whether or not there has been a violation of other rights of the prisoner. Therefore, the present study has as general objective to analyze the implantation of the custody hearing in the Brazil-Paraguay border, approaching the data of this hearing in the National Council of Justice, the criminality of this region, and its benefits as a method of imprisonment. On the face of it, the specific objectives were elaborated which are to approach the history of the changes that have taken place in the international scene with regard to the protection of human rights; the development of criminal law, based on the guarantees court, so that the fundamental rights and guarantees of defendants are respected in criminal proceedings; understand the Brazilian penal system that bets on the acceleration of incarceration, through a selective criminal policy; to problematize the forms of effective custody hearings in Brazil, especially in the municipalities of Ponta Porã and Dourados-MS, which forms the border region between Brazil and Paraguay.