O entendimento do Supremo Tribunal Federal sobre a inobservância do prazo de 24 horas para à realização da audiência de custódia

Abstract

Among the many controversies surrounding the implementation of custody hearing in Brazil, this article addresses the understanding of the Federal Supreme Court on non-compliance with the deadline of 24 hours for the holding of the respective act, since the objective of this study was to investigate the indispensability of the custody hearing in the view of the Supreme Court, as well as whether it has received the mechanisms proposed by the Brazilian legislature to ensure this subjective right of the person arrested. To this end, the research methodology was used, observing the 1996 International Covenant on Civil and Political Rights, the 1969 American Convention on Human Rights, Resolution No. 213/2015 of the National Council of Justice, and the new wording of art. 310 of the Code of Criminal Procedure given by Law No. 13,964/2019, in order to direct the jurisprudential analysis signed by the STF. In due course, it was found that although the Supreme Court recognizes and reaffirms the indispensability of the custody hearing, since it is a fundamental guarantee of the person arrested, it is a common understanding that failure to comply with the 24-hour deadline for holding the hearing constitutes mere illegal constraint, which can be remedied by the trial court, and does not constitute an illegality capable of leading, by itself, to the removal of pre-trial detention, as the Brazilian legislature had foreseen.