Da obrigatoriedade de apresentação da pessoa presa em audiência de custódia nas prisões processuais do ordenamento jurídico brasileiro

Abstract

The National Hearing of Custody Project, promoted by the National Council of Justice, represents the result of a process of adaptation of the Brazilian system to international standards that provide for the guarantee of presentation of the person arrested, immediately, to the competent judicial authority. Said guarantee is provided for in Article 7, item 5, of the American Convention on Human Rights (Covenant of San Jose Costa Rica), as well as in art. 9, item 3, of the International Covenant on Civil and Political Rights. Thus, the project sought to implement the presentation hearing throughout the national territory, conceiving it, however, as a control mechanism essentially focused exclusively on red-handed prisons, although the original texts of the aforementioned humanitarian pacts do not register any restriction as to such mode of arrest. Thus, this paper intends to understand the normative plan of the supralegality in which the international treaties enshrining the guarantee of presentation are presented, in order to examine the obligation to perform this act regardless of the type of procedural arrest to which the person is being held submitted.