A CULTURA DO APRISIONAMENTO E A IMPLEMENTAÇÃO DAS AUDIÊNCIAS DE CUSTÓDIA NO SISTEMA PENAL BRASILEIRO: UMA ANÁLISE SOB AS PERSPECTIVAS DOS DIREITOS FUNDAMENTAIS

Abstract

This article proposes an analysis about the jurisdictional control of public policies focusing especially on the study of Brazilian prison politics. Delimiting the theme about the implementation of custody hearings, starting from a diagnosis of supercarrier state, by the constitutional parameters, Resolution 213, and other legal devices tied to the central issue of the object under study. However, the central question of the present study is: Given a culture of imprisonment observed in Brazil, can a custodial audience be considered a form of adequate criminal policy aimed at disincarnation? For its elaboration, it was used in the theoretical-dogmatic form as methodology, resorting to articles and analysis of doctrines, documents and jurisprudence. What is defended in this work is the importance of custody hearings as prison public policy in the light of the realization of fundamental rights.